



ftii 




Ill II IK 






(Ly 



^,Sr HEAKINGS 



BEFORE THE 



COMMITTEE ON INTERSTATE ^^^ 
AND FOREIGN COMMERCE 



OF THE 



V>^- HOUSE OF REPKESENTATIVES 



ON 



H. R. 138^ 



RELATING TO ADULTERATED 
AND MISBRANDED SEED 



WASHINGTON 
GOVERNMENT TEINTING OFFICE 

1908 






'^_ b'feo^ 



D. Of D. 

IV^.A-i 22 1908 



^^ 

oj 
.J 

RELATIiNG TO ADULTEKATEI) AND MISBRANDED SEED. 

Committee ox Interstate axd Foreign Commerce, 

House of Representatives, 
Waski/i(/ton, D. (J., Tuesday^ February 4, 1908. 

The committee met at 10.30 o'clock a. m. 

Present: Representatives Hepburn (chairman), Sherman, Wanger, 
Mann, Levering, Stevens, Esch, Townsend, Kennedy, Hubbard, 
Davey, Adamson, Ryan, Richardson, Bartlett, and RusselL 

Present, also, Edgar Brown, esq., in charge of seed laboratory, 
Bureau of Plant Industry, Department of Agriculture; A. F. Woods, 
esq.. Assistant Chief of the Bureau of Plant Industry; F. H. Hill- 
man, esq., assistant, seed laboratory. Bureau of Plant Industry; 
Prof. W. W. Tracy, sr., superintendent of testing gardens, Bureau of 
Plant Industry ; C. J. Brand, Pathologist, Bureau of Plant Industry ; 
R. A. Oakley, Assistant Agrostologist, Bureau of Plant Industry. 

(After disposing of certain other matters the committee proceeded 
to the consideration of the bill (H. R. 13835) to regulate commerce 
in adulterated and misbranded seed and to prevent the sale or trans- 
portation thereof, and for other purposes.) 

STATEMENT OF EDGAR BROWN, ESQ., IN CHARGE OF SEED 
LABORATORY, BUREAU OF PLANT INDUSTRY, DEPARTMENT 
OF AGRICULTURE. 

Mr. Mann, Mr. Brown, you may give your name. 

INIr. Brown. Edgar Brown. 

Mr. Mann. And what is your position ? 

Mr. Brown. I am in charge of the seed laboratory of the Bureau 
of Plant Industry, Department of Agriculture. 

Mr. Mann. We have pending before us the bill (H. R. 13835) to 
regulate commerce in adulterated and misbranded seed, etc. Have 
you given any study to the subject of the adulteration of seeds? 

Mr. Brown. Yes, sir; considerable. 

Mr. Mann. Farm seeds? 

Mr. Brown. Yes. 

Mr, Mann. Will you give to the committee the result of your in- 
vestigations of this subject of adulteration, first of farm seeds? 

]\Ir. Brow^n. For several years w^e have been investigating at the 
Department of Agriculture this subject of the adulteration of farm 
seeds in connection with the paragraph in the bill making appropri- 
ations for the Department of Agriculture which specifically states 
that the Secretary of Agriculture is directed to obtain samples of 
grass and clover and forage-plant seeds in the open market and make 
analyses of these samples, and, when the samples are found to be 
adulterated or misbranded, to publish the names of the dealers who 
offer these samples for sale and the analyses of the samples. In 



4 ADULTERATED AND MISBRANDED SEED. 

carrying on this work we have found that several different kinds 
of farm seeds are adulterated. 

Mr. Mann. Take, for instance, red clover; I would like to follow 
the order in the bill. 

Mr. Brown. Red-clover is frequently adulterated v/ith yellow- 
trefoil seed. Yellow-trefoil seed is the only other seed that is found 
usually as an' adulterant of red-clover seed. This yellow-trefoil seed 
is imported from Germany for the specific purpose of adulterating 
red-clover and alfalfa seed. It is not used as a commercial seed in 
the United States, costs at New York about 5 cents per pound, and is 
used to adulterate red-clover and alfalfa seed, which are sold for 
from 12 to 15 cents per pound. 

Mr. Mann. You say yellow-trefoil seed is not intended in any case 
to be planted by itself in our country ? 

Mr. Broavn. I suppose there may be from 200 to 500 pounds per 
year planted in the United States. It is not an agricultural seed in 
this countr3^ 

Mr. Ryan. Is it good for anything? 

Mr, Brown. It is used in Germany in very poor, sandy land as a 
bhcep-pasture plant. It is a plant that belongs to the same family 
of plants as the clovers, and has the power of collecting nitrogen by 
the use of the bacteria in the tubercules on the roots ; but it is of low 
growth, yields very little forage in comparison to red cover and al- 
falfa, and is not of any commercial importance where these better 
plants will grow. 

Mr. Ryan. The better plants will grow in that same character of 
soil in this country, will they? 

Mr. Brown. We probably have not gotten our agriculture to such 
a state that we are cultivating the kind of soil that yellow trefoil is 
raised on in Germany at the ]^resent time. . 

Mr. Mann. As a matter of fact, it is not commercially used for 
plantnig in this country? 

Mr. Brown. Not in the United States; no. 

Mr. Mann. Give us the result of your examinations which you 
have there as to the samples which are adulterated or not, both as to 
the amount of adulteration and the value. 

Mr. Brown. We have here one sample of red-clover seed adulter- 
ated with 50 per cent of yellow trefoil ; and I will say that in most of 
the cases where we have found yellow-trefoil seed used in an adul- 
terant of red clover it has appeared in the proportion of about 50 per 
cent; they have mixed it about half-and-half 

Mr. Russell. Have you ever seen it grown mixed in that propor- 
tion? 

Mr. Brown. No. 

Mr. Russell. You do not know what the effect would be as a grow- 
ing plant if that proportion of adulteration existed? 

Mr. Brown. The effect, of course, would be that you would get a 
light stand of red clover. 

Mr. Russell. Which would crowd out the other, if either would 
crowd the other out? 

Mr. Brow^n. That would probably depend upon the particular 
conditions of the soil and climate. This sample of red clover, that 
is adulterated with 50 per cent yellow trefoil, would give a profit 



ADULTERATED AND MISBRANDED SEED. 5 

(the yellow trefoil being imported at $5 per hundred) of about $3.50 
a hundred. 

Mr. Mann. Give us the market value of red-clover seed, please. 

Mv. Broavn. Red clover seed is worth $14 per hundred. This 
sample of yellow trefoil was imported at 5 cents per pound, $5 a 
himdred ; and the value of the mixture — I have not the price for 
which the mixture was sold here, but it was something like $12 or 
$13 per hundred. 

Mr. Richardson. Did j^ou find that adulteration to be general 
throughout the country? 

Mr. Brown. This particular adulteration is the least practiced of 
any of the cases of adulterants of farm seeds we have found. The 
adulteration of alfalfa seed, orchard grass, and Kentucky blue grass 
is more frequent than the adulteration of red-clover seed. 

Mr. Mann. Is the yellow-trefoil seed that is used for adulteration 
purposes always live seed ? 

Mr. Brown. Always live seed ? 

Mr. IMann. Yes. 

Mr. Brown. As far as my experience has gone, it has been. I 
think there are some cases which have been reported a good while 
ago where it was not. 

Mr. Mann. You had a photograph here this morning; I do not 
remember whether it was a photograph of red clover or not. How- 
ever, never mind ; some one else will testify about that. Those bottles 
might be taken out of their cases. 

Mr. Adamson. You do not know of any instance where that yellow 
trefoil has been grown on poor land in this country alone? 

Mr. Brown. It is a rather common plant. It is a wayside plant. 
In the region surrounding Buffalo, N. Y.. both in Canada and in the 
United States, New York, and Ohio it is frequently found in that 
limestone country. 

Mr. Adamson. We know nothing about it in the southern part of 
the country. 

Mr. Brown. No. 

Mr. Mann. It is not used in the southern part of the country for 
planting by itself, is it? 

Mr. Brown. It is not used in the United States at all. 

Mr. Mann. Do you know the amount of yellow-trefoil seed which 
is imported ? 

Mr. Brown. That has varied from time to time. In the present 
fiscal year there has been none imported. In the last fiscal year there 
was about 22,000 pounds imported. The year before that there was 
93,19G pounds, and years before that there has been considerably 
more. Apparently the reduction in the importation of this seed has 
followed the publication of the names of the dealers who have used 
it as an adulterant, and the practice is not as popular as it was a 
few years ago. 

Mr. Adamson. Mr. Mann, my object in asking that question was 
with a hope to practical benefit in the region where there is no lime, 
and clover and grass do not-do well. 

Mr, TowNSEND. Do I understand you to say that the importation 
for adulteration purposes has practically ceased? Did you say that? 

Mr. Brown. During the present fiscal year there has been none 
imported. 



6 ADULTEKATED AND MISBRANDED SEED. 

Mr. TowNSEXD. Has that been due to the enforcement of the hiw ? 

Mr. BiiowN. Apparently; that is, its importation has dropped oii' 
as this law has been enforced. 

Mr. Mann. How about alfalfa seed? 

Mr. Brown. Alfalfa seed is adulterated with this same yellow- 
trefoil seed, and is also adulterated with the seed of what we call 
Chilean bur clover. 

Mr. Adamson. "What is the proportion of adulteration? 

Mr. Bkowk. It varies anj' where from .5 per cent to 40 or 50. 

Mr. Mann. Give us the results of some of your analyses. 

Mr. Brown. In the sample I have before me this alfalfa was adul- 
terated w^ith 35 per cent of ^^ellow trefoil; and in another case the 
alfalfa was adulterated with 45 per cent of Chilean bur clover. 
The price at which yellow trefoil was imported was $5 per hundred, 
and the price of the alfalfa — there seems to be no sample of alfalfa 
there — was $15 per hundred. 

Mr. Richardson. Did you ever notice the result of an alfalfa crop 
that was adulterated with 35 per cent? Did j^ou notice the result of 
the crop ? 

Mr. Brown. No; we have not had an opportunity. 

Mr. Richardson. You do not know whether it was of special bene- 
fit or special injury? 

Mr. Broavn. "VVe know this, that the man that bought seed that was 
35 per cent Chilean bur clover or yellow trefoil was paying $15 a 
hundred for seed that he did not want, that cost $5 a hundred. 

Mr. Richardson. Exactly. The dealer was practicing false rep- 
resentations on him. But you would know very much better, would 
you not, if you had examined the result of the crop that had been 
planted with the adulterant in it? 

Mr. Brown. Yes. 

Mr. Richardson. You could tell a great deal better. 

Mr. AVooDS. We have a man here who can tell you about that. 

Mr. Mann. Yes ; I was going to say that Mr. Brand will elaborate 
on that. 

Mr. Brown. Another adulterant of alfalfa seed is this Chilean 
bur clover seed of which I spoke. 

Mr. Mann. Yes. 

Mr. Brown. This Chilean bur clover seed has a rather interesting 
history. That, again, is imported specifically for use as an adulterant 
of alfalfa seed. This bur clover has burs. The seed is in burs ; and 
these burs get in the wool of the sheep in South xVmerica. This wool 
is sent to Euroj^e to be cleaned and manufactured; and the honest 
German combs the seed out and saves it and sends it over here to be 
used as an adulterant of alfalfa seed. This seed can be purchased 
for $2 or $3 per hundred in Hamburg. 

Mr. Mann. That is, cleaned from the burs? 

Mr. Brown. Cleaned from the burs. That is the pure seed as it is 
shown here in this bottle ; and it looks very much like alfalfa seed. 

Mr. Mann. Will you tell us about whether the ordinary farmer or 
the ordinary person can by sight easily distinguish between the yel- 
low trefoil, clover, or alfalfa and the bur clover? 

Mr. Broavn. I have had some experience in this matter, in the way 
of shoAving farmers and seedmen samples of the tAvo; and in cases 
where a mixture of half red-clover or alfalfa and half yellow-trefoil 



ADULTEKATED AND MISBEANDED SEED. 7 

seed has been used it will generally be picked out as an excellent 
grade of red clover or alfalfa. The color of trefoil seed is bright, 
and it gives the sample a nice, clean-looking appearance ; and. indeed, 
the seeds are so close in appearance that they can only be told apart 
by careful examination, although the}' can be distinctly told when a 
person looks at them carefully and knows what the different forms 
are. 

Mr. Mann. Can they be easily disting-uished under the microscope? 

Mr. Brown. Oh, without any trouble at all. It is hardly neces- 
sary to use a microscope when a person's attention has been called to 
the peculiar differences in form and color. 

There is another adulterant of alfalfa seed, I might say here, and 
that is yellow sweet clover. The sweet clover that you see all through 
the United States is very common in some parts of the West where 
alfalfa seed is grown ; and we have found numerous cases where al- 
falfa seed has contained various amounts of sweet-clover seed up to 
80 or 40 or 50 per cent. The sweet-clover seed may be added as an 
adulterant purposely or it may be harvested with the alfalfa seed. 
Both are quite probable, as the sweet clover is common in some al- 
falfa fields, especially in irrigated land bordering the irrigation 
ditches, and running out into the fields. 

Mr. Eyan. Is sweet clover cheaper than alfalfa seed ? 

Mr. Brown. Yes; sweet-clover seed in Utah sells for something 
like $7 a hundred, and alfalfa seed sells for from $12 to $14 or $15 
a hundred. 

Mr. Ryan. And there would be a profit from the combining of the 
two? 

Mr. Brown. A very srood profit ; yes. 

Mr. Mann. Is sweet clover planted for farm purposes? 

Mr. Brown. It has been planted to some extent as a forage crop. 
Cattle do not like it very well, but if they are sufficientl}^ hungr}^ they 
will eat it. It has been used with some "success as a leguminous plant 
for green-manuring purposes. 

Mr. Adamson. It is a spontaneous plant, is it not ? 

Mr. Brown. It is, through the northern part of the United States; 
yes. 

Mr. Davey. It is regarded as a weed. 

Mr. Brown. It extends from one coast to the other. 

Mr. Mann. How about the adulteration of Kentucky blue grass? 

Mr. Brown. Kentucky blue-grass seed is the one that is the most 
adulterated of all agricultural seeds. For the adulteration of Ken- 
tucky blue grass Canada blue-grass seed (which is very similar in 
appearance and can not be told from the seed of Kentucky blue grass 
unless examined with a lens) is imported from Canada. Practically 
all the seed that is raised in North America is raised in an area north 
and west of Buffalo, X. Y.. in Ontario. There is some raised in Xew 
York' and Ohio. 

Mr. Mann. That is the Canadian blue grass? 

Mr. Brown. That is the Canadian blue gxass. Canadian blue grass 
sells on the market for not over half the price of Kentucky blue grass, 
and of all the samples of so-called Kentucky blue-grass seed which 
we have collected in the United States we have found about one-third 
of them to be either adulterated with Canada blue-^rass seed or we 



8 ADULTERATED AND MISBRANDED SEED. 

have found them to be Canada blue-grass seed sold as Kentucky blue- 
grass seed. 

Mr. TowNSEND. Let me ask you this question: In j^reparing this 
seed somebody buys it from the farmer, and somebody, tho dealer, 
adulterates it.*^ Is that it ? 

Mr. Brown. Yes. 

Mr. ToAVNSEND. Who does the adulterating? That is what we 
want to know. Not the farmer ? 

Mr. Brown. No, 'no; not the farmer. It is either done by the seed 
jobber, the wholesaler, or in some cases it may be done by smaller 
dealers; but it is probably mostly done by the large dealers who are 
handling large quantities of it. 

Mr. ToAVNSEND. What proportion of the blue grass do those large 
dealers handle ? 

Mr. Brown. Practically all of it goes through the hands of the 
large dealers. 

Mr. Ryan. Is the practice of adulteration increasing? 

Mr. Broavn. Apparently it is. The adulteration of Kentucky blue 
grass is not decreasing. We have here proof, on our last year's work, 
on the adulteration of seeds, and you will notice that this long list 
is a list of samples of Kentucky blue grass that have been found to 
be adulterated, Avhile of all the other seeds we have only these few 
returns [exhibiting list to committee, proof of Circular 26, office of 
Secretary] . 

Mr. Ryan. There is as much blue grass as all the rest put together, 
then? 

Mr. Brown. Yes ; there is more in the result of the last year's work, 
though last year we did not collect samples of orchard grass, and 
orchard grass is, next to Kentucky blue grass, the seed that is most 
commonly adulterated. 

Mr. Ryan. You name here the firms that are found to place adul- 
terated seed on the market? 

Mr. Brown. Yes; we name all the firms from whom we obtained 
samples found to be adulterated. 

Mr. TowNSEND. Is there not any penalty against doing this ? 

Mr. Brown. No penalty whatever; no Federal penalty. There is 
a penalty in some States. 

Mr. Mann. Not only is there no penalty, but every seed house has 
in its catalogue a provision that it makes no Avarranty of any kind 
as to the quality, cluirafter, or result of seeds. 

Have you a memorandum as to the amount of Canadian bluegrass 
seed that is imported? 

Mr. Broavn. In the fiscal year 1906 there Avas 762,896 pounds im- 
ported : in the fiscal year 1907, 604,411 pounds, and it does not A;ary 
A^ery much from one fiscal year to another. Sometimes there is a 
million, and sometimes 600,000. 

Mr. ]Mann. I suppose, of course, a large share of that may be used 
in combination for the purpose of hiAvn grass mixed. Is much Cana- 
dian bluegrass seed sold by itself, do you IvUoav ( 

Mr. Broavn. Very little: very little. The amount of Canadian 
bluegrass seed that is sold, and sold as Canadian bluegi-ass seed, is 
very, A^ery small. AMiere Canadian bluegrass is raised in the United 
States, it is almost entirely a matter of its being a voluntary crop; 
and this occurs in that region contiguous to Lake Erie. 



ADULTERATED AND MISBEANDED SEED. 9 

Mr. PIuBBARD. How do the prices oi those seeds compare ? 

Mr. Brown. The Canadian bhiegrass is never over half the price of 
Kentucky bhiegrass. and frequent!}^ it is not half. 

Mr. Richardson. Have yon ever made any examination at all of 
the history of the Johnson grass? 

Mr. Bkown. Xo; I personaliy know nothing about Johnson grass. 

Mr. Richardson. You have read about it and heard about it 'I 

Mr. Brown. Yes, indeed. 

Mr. Wanger. Where a seed grower is defrauded and plants adul- 
terated seed, does he not unconsciously put the adulterated product 
on the market? 

Mr. Broavn. We have looked into that matter pretty carefully, and 
we received considerable information from some of the larger seeds- 
men to the effect that red-clover seed from Ontario was largely mixed 
with the seed of yellow trefoil. In alsike-clover seed from Canada 
there is always present a very small amount of yellow-trefoil seed; 
and I personally went to Ottawa and Avent over the reports of the 
seed-testing laboratory at the department of agriculture there, and in 
no case did I find a sample of red-clover seed which had been exam- 
ined by the Canadian department of agriculture that contained more 
than 5 per cent of yellow-trefoil seed, which evidently shows that the 
two are not harvested together to any extent. I have also gone over 
the orchard grass and Kentuck}' blue-grass-seed producing sections of 
the United States, and in neither case is it probable that the seed used 
as an adulterant would be harvested wdth that of orchard grass or 
Kentucky blue grass. 

Mr. Ryan. But that it was added aftervrards? 

Mr. Broavn, But that it was added afterwards; yes. 

Mr. Mann. Do jon happen to be familiar with the Canadian law 
about the adulteration of farm seed? 

Mr. Brown. I have followed it pretty closely. 

Mr. Mann. You know, then, that they can not sell adulterated 
seed there except for export ? 

Mr. Brown. Except for export; yes. They can sell anything for 
export ; and the United States buys most of that '' anything '' that 
they have left. 

Mr. Mann. So that the ]30or seed there is sent to us? 

Mr. Brown. The United States uses the poor seed of Canada be- 
cause their law specifically provides, as you say, for this export ; and 
we also buy most of the screenings and stuff that can not be sold in 
Europe. The United States is the dumping ground for the poor 
seed of the world at the present time. 

Mr. Mann. Is Kentucky blue-grass seed adultered with any thing- 
else to any extent ? 

Mr. Brown. Nothing except Canada blue grass. That is the 
cheapest and the most similar seed that can be used. 

Mr. Mann. How about the adulteration of orchard grass? 

Mr. Brown. Orchard-grass seed is also xevy frequently adulter- 
ated; and there are a variety of seeds used for this purpose. They 
are all connnercinl seeds of the United States. The thing that is 
most frequently found in orchard grass is meadow fescue, or what 
is sometimes known as English blue-grass seed. These seeds are 
very similar in appearance; but here again there is the same differ- 
ence in price — the ore selling for 8 or 10 cents a pound and the other 



10 ADULTERATED AND MISBEANDED SEED. 

for 4 or 5. Orchard grass is also adulterated Avith the seed of English 
rye grass, sometimes known as perennial rye grass, and the seed of 
Italian rye grass. The prices of the rye grasses are even lower than 
the prices of meadow fescue. 

]\Ir. Eyax. Is the qualit}^ as good as that of our seed? 

Mr. Bkown. The quality of what * « 

]\Ir. Ryax. Of this imported seed? 

Mr. Browx. These seeds that are used as adulterants of orchard 
grass are not necessarily imported, but are all of them commercial 
seeds in this countr3^ 

:\Ir. Eyax. Oh, I see. 

Mr. Browx. It is simply a matter of substituting seed of similar 
appearance, but cheaper in price, for the orchard-grass seed. 

5lr. Waxger. What is the difference between Kentucky and Canada 
blue grass? 

Mr. Brown. Kentucky blue grass is the grass that has made the 
Kentucky blue-grass region of Kentucky famous, and is a most ex- 
cellent pasture and lawn grass, having a very pronounced aftermath. 
If the top is cut off it has a great profusion of leaves next to the 
ground, which makes a good turf. The Canada blue gi^ass is in ap- 
l^earance more similar to timothy; after the top is cut off there is 
very little leafage left, very little of anything that furnishes pasture 
or that makes a lawn. The stems of the Canada blue grass are also 
very hard, it being a solid stem, and its value as a hay is much less 
than that of Kentucky blue grass, although Kentucky blue grass is not 
one of the grasses that is cut for hay to any very great extent in this 
country. 

^Ir. Waxger. Then Canada blue grass is a very poor ^Jasture? 

yir. Brown. Yes, sir. Canada blue grass will, however, grow on a 
bare clay bank. It seems to flourish in situations where other gi-asses 
will not grow, and is of considerable use in that way. But it is not 
to be compared in value to Kentucky blue grass in any situation where 
Kentucky blue grass will flourish. We frequently see it along the 
slope of a railroad bank where all the top soil has been removed and 
nothing but the clay bank has been left. 

Mr. EicHARDSox^. AVhat grass is it that your Department believes 
is the best for grazing purposes? 

Mr. Browx. That depends entirely on the section of the country. 

]Mr. EiCHARDSON. What do you think about Bermuda grass? 

Mr. Browx. Bernuida is a most excellent grass for the regions 
where it will grow. 

Mr. EiCHARDSOx. Is it adulterated ? 

jSIr. Browx. As far as I know we never have found any samples 
of Bermuda grass seed which were adulterated. All the seed is im- 
ported, however. There is practicallv none of it grown in the United 
States. 

Mr. EiciiARDSOX. Practically none of the Bermuda seed is grown 
here ? 

^Ir. Browx. Xo. 

Mr. EicHAKDSox. In our section of the country, dow^n south, where 
I reside, Bermuda grass is the principal grazing grass of the whole 
section. 

Mr. IIuhrard. Is there any considerable demand for this Canadian 
bluem-ass for use on these ciav banks or otherwise? 



ADULTERATED AND MISBRANDED SEED. 11 

Mr. Biiowx. Very little; very little. - 

Mr. Hubbard. Do people buy it for that purpose? 

Mr. Beown. There is very little of it sold in the United States as. 
Canada blue grass. I base that statement on information from seeds- 
men and upon information from people in the various sections of the 
country where it might be used. 

Mr. RiCHARnsoN. In the case of Bermuda grass the railroads save 
their embankments in our part of the countrj" by planting Bermuda 
grass on the sides of them. It will preserve them and keep them 
from washing away, and you will get a good stand of Bermuda 
grass where you can not grow anything else. 

Mr. Brown. Oh, yes; that is true. 

Mr. Adamson. All you need to plant it is a handful of roots and 
a razorback hog. 

Mr. Richardson. That is all. 

Mr. Mann. How about the adulteration of meadow fescue seed? 
You said that was sometimes used as an adulterant. 

Mr. Richardson. I wanted to inquire, for local purposes and as 
a matter of local interest and local attention, about this Johnson 
grass. That is getting to be, in some States, a very dangerous grass, 
and in others a very beneficial one. I have known farmers to allow 
their plantations down in the southern portion of Alabama to grow 
up entirely in the Johnson grass, and they would make more inone}^ 
out of it than they would selling hay from any other grass, while 
in other sections they have said it was the destruction of the farms. 

Mr. Adamson. Are the seeds of the Johnson grass carried in oat 
seed, or how are they scattered? 

Mr. Richardson. We do not know anything about it. 

Mr. Brown. I do not knoAV ; I am not sure. I have never seen 
them carried. 

Mr. Woods. I will answer the question about the Johnson grass. 
It is a valuable forage grass in Texas and many portions of the 
South, but it is a very deep-rooting grass, and it goes down sometimes 
18 inches or 2 feet. When its roots once get down, it is almost im- 
possible to get it out of the cultivated field. 

Mr. Richardson. It is very difficult to exterminate it ? 

Mr. Woods. Yes. 

Mr. Richardson. And yet it is a good pasture ? 

Mr. Woods. It is an excellent pasture. 

Mr. Adamson. But we notice bunches of it about in places where 
we do not want it. Do 3^ou suppose it is carried in oat seed, or how ? 

Mr. Woods. It might be carried in oat seed or blow there. 

Mr. Russell. It might be carried by the wind? 

]VIr. Woods. It might be carried by the wind. 

Mr. Russell. You spoke of Johnson grass. I live in Texas, and 
our legislature has made it a violation of law for a railroad company 
to allow Johnson grass to grow along its right of way, because of the 
fact that when the seed matures the wind may blow it into the 
farmer's field, and it will ruin his field. 

Mr. Mann. It is no violation of the law to put it in other grass 
seeds at present. 

Mr. Richardson. Yet I heard one of the most experienced farmers 
in my section say that he had made more money by letting Johnson 



12 ADULTERATED AND MISBRANDED SEED. 

grass oTow up on liis plantation entirely and sellino' it as liaj' than 
he could make from clover or pea-vine lia}^, or anything: of that kind. 

Mr. Makn. Two years ago I asked the Agricultural Department 
to send some of the best grass seed they could out to my father in 
Florida. Among other seeds they sent him some Johnson grass, and 
he said he had been trying for twenty j^ears to get rid of it, 

Mr. Hubbard. Mr. Brown, let me ask you whether the results of 
the tests you make as to these seeds are published otherwise than in 
the circulars? 

Mr. Bkowx. Only in these circulars. 

Mr. Hubbard. And in what way ? 

Mr. Brown. I will correct that b}'^ saying that they have recently 
been published in the Crop Eeporter as well as in these circulars. 

Mr. Richardson. These adulterators of seeds ? 

Mr. Brown. The houses that sell adulterated seeds; yes. 

Mr. Hubbard. I presume the agricultural papers do not publish 
them ? 

Mr. Brown. They publish little extracts, but they do not usually 
publish the names in full. 

Mr. Ryan. If the seedsman is advertising in their publication, I 
do not suppose they would publish his name. 

Mr. Hubbard. Have you any suggestions as to any way in which 
this information could be more widely distributed than by the meth- 
ods you are now using? 

Mr. Brown. As far as we know that is about as good a method as 
we can use. 

Mr. Adamson. There is no copyright to prevent the county papers 
from reproducing it? 

Mr. Brown. None whatever; and it is distributed to the press in 
general. 

Mr. Richardson. The county papers get under the influence of 
these great seed dealers, and they will not publish them. 

Mr. Mann. How about the adulteration of meadow fescue? 

Mr. Brown. Meadow fescue is used as an adulterant for orchard 
grass, and again cheat or chess is used as an adulterant of meadow 
fescue, cheat being a good seeder and very cheap in proportion to 
the price of meadow fescue. 

Mr. Mann. Of what value is it as forage crop? 

Mr. Brown. Cheat has been used in some limited sections, with 
some success as a forage and hay crop ; but its usefulness is very lim- 
ited, very limited. 

Mr. Mann. Is redtop adulterated? 

Mr. Broavn. Redtop frequently contains a considerable amount of 
timothy seed. Here, again, that may of course be harvested with it; 
but the timothy is worth but a small part of .the price per hundred 
pounds that redtop is worth, and when the farmer buys redtop which 
is 2.5 per cent timothy he is paying money for something he does not 
get. 

]Mr. Mann. What have you to say, Mr. Brown, as to the general 
question of the importation of these forage-crop seeds? Do we im- 
port large quantities of them; and if so, of what? 

JSIr. Brown. We unfortunately import very large quantities of 
red clover and alfalfa. We do not produce in this country anywhere 



ADULTERATED AND MISBEANDED SEED. 13 

nearly as much as is sown; and in importing these seeds unfortu- 
nately a very large proportion of that which we import is of low 
grade, because we buy the stuff that can not be sold in Canada, and 
we buy the stuff that can not be sold in Europe. 

Mr. Mann. Does it hold true about such seeds as alsike clover, 
crimson clover, hairy vetch, and Bermuda grass? 

Mr. Brown. Hairy vetch and crimson clover are of uniformly 
good quality; but the amount of those is limited. As to alsike clover, 
we import a very large proportion of tlie alsike that we use. It prac- 
tically all comes from Canada. We get a great deal of very good 
alsike, but we also get a great deal of very poor alsike. 

]\rr. Mann. The other countries have a law in reference to the 
adulteration of seeds, so that do you find, as a matter of practical 
operation, that the tendency is to ship to this country seeds of such 
low orade that they can not be used in Canada or European coun- 
tries? 

INIr. Brown. Yes, yes; we know that to be the fact, 

Mr. Hubbard. Do all countries have these laws? 

Mr. Mann. A good many of them do; not all of them, 

Mr. Broavn. Here is a publication which we recently issued that 
gives the analysis of about a million pounds of low-grade red-clover 
seed that was imported during one fiscal year. 

Mr. Wanger. What is the document ? Suppose you identify it. 

Mr, Brown, It is Bureau of Plant Industry Bulletin 111, ]iart 3. 
This million pounds of red-clover seed was imported at $7,61 per 
hundred pounds. That was the average import price. The red- 
clover seed that would grow cost over $20 per hundred pounds, 
showing that this seed was not imported for purposes of recleaning, 
as the see(^smen frequently claim, but was imported for the purpose 
of mixing with other seed to Diake low-grade and cheap seed, 

Mr, Richardson, Do you publish all this information that you 
have gotten in bulletins, or how? 

Mr, Brown, A good deal of it is published. Information on 
adulterated seeds has been published in these circulars of the office 
of the Secretary, and other information has been published in farm- 
ers' bulletins and bulletins of the Bureau of Plant Industry. 

Mr. Richardson, You say they are published in the office of the 
Secretary. I would like to see some of them. That is Avhat I am 
after, 

]Mr, Brown. I can send you a set of them. 

IMr, Richardson. I wish you would. Send me everything you can 
of that kind, 

jMr, Ryan, But your investigation and publication has not reduced 
this practice of mixing seeds in most cases? 

Mr. Brown. Apparently it has in all cases except Kentucky blue 
grass. Those two, Kentucky blue grass and Canadian blue grass, 
are so close together that the dealers themselves can not tell them 
apart, 

(The further hearing of this matter was thereupon adjourned 
until Thursday, February 6, 1908, at 10,30 o'clock a, m., and the com- 
mittee adjourned until to-morrow, Wednesday, February 5 1908, at 
10,30 o'clock a. m,) 



14 ' ADULTERATED AND MISBRANDED SEED. 

Committee ox Interstate and Foreign Commerce. 

Thursday^ February 6^ 1908. 
The committee met at 10.30 a. m. for the purpose of hearing cer- 
tain gentlemen from the Department of Agricidture on the question 
of aduherated seeds. The following named gentlemen appeared: 
A- F. Woods. Edgar Brown, W. W. Tracy, sr., R. A. Oakley, F. H. 
Hillman, Charles J. Brand. 

STATEMENT OF MR. EDGAR BROWN— Continued. 

]\Ir. Mann. You have a list of some seed adulterations that you 
have discovered? 

Mr. Brown. Yes, sir. This was furnished as an exhibit presented 
at Tuesday's hearing [proof for Circular 26^ Office of Secretary]. 

INIr. Mann. Please furnish that to the stenographer. Can you also 
make and furnish to the stenographer the list of the various adul- 
terated seed, together with their market value? 

Mr. Brown. I will do that. I have here some photographs show- 
ing the similar appearance of seeds commonly adulterated and the 
seeds which are used as adulterants. 

Market price. 

Red clover per 100 poimcls__ $17.00 

Yellow trefoil, used as an adulterant of red-clover and alfalfa 

seed per 100 pounds — 5.00 

Alfalfa do 15. 00 

Bur clover, used as an adulterant of alfalfa—. do 2. 50 

Sweet clover, used as an adulterant of alfalfa do 7.00 

Orchard grass do 15. 00 

Meadow grass, used as an adulterant of orchard grass do 10.50 

Rye grass, used as an adulterant of orchard grass do 5.25 

Kentucky bluegrass do 17.00 

Canada bluegrass, used as an adulterant of Kentucky bluegrass_ do 8. 00 

Some of the seeds that are imported are not quoted in the United 
States, and I will give the imported price. The prices in the United 
States based on the foreign price ? 

Mr. Mann. The market price quoted is usually the wholesale mar- 
ket price. 

Mr. Brown. It is. 

Mr. Wanger. In this country or abroad? 

Mr. Broavn. In this country. 

Mr. ]Mann. Have you any information as to the prices of Dickin- 
son, Vaughn, and others? I suppose the price of these other concerns 
is ordinarily higher than the prices of Dickinson and others. 

Mr. Broavn. Yes, sir; those houses usually quote two prices, the 
wholesale price and the price to the retailer. 

Mr. Mann. Are you familiar with the prices of those houses?^ 

Mr. Brown. Yes, sir. Dickinson does a large wholesale business 
and the others do a retail business. 

Mr. Mann. Dickinson buys most of the forage crop seeds that 
come to Chicago. 

Mr. Brown. He handles more timothy and clover seed than any 
other one house in the United States. 

Mr. Mann. Does he sell seed to Vaughn, Barnard, or Leonard? 

Mr. Brown. He sells more to the country dealers. 

Mr. Mann. The figures, then, that you would give would be the 
figures of these wholesale houses ? 



ADULTERATED AND MISBRANDED SEED. i5 

Mr. Brown. Yes, sir. 

Mr. Mann. Do you think it would be fair to compare the import 
price with the price of these other seeds ? 

]\Ir. Brown. I think so, because the men who do this mixing buy 
at import prices. 

Mr. Mann. The prices that you give would be based on the Avhole- 
sale or the selling price and not on the buying price? 

Mr. Brown. Yes, sir. There might be a slight discrepancy. There 
might be a discrepanc}^ of 10 or 1.5 2:)er cent between the import and 
the selling price. That would be a matter of small amount in the 
case of a seed that sells for $5 per hundred pounds. 

Mr. Mann. Are you familiar Avith houses like Dickinson, as to the 
way in which they handle seed ? 

Mr. Brown. No, sir. ^I have been through the plants of other 
large seed dealers in many cities. 

Mr. Mann. You know how they buy and clean seed? 

Mr. Brown. The}^ do an enormous lot of that. The}^ have a large 
plant of the best cleaning machinery for cleaning large quantities, 
and they are all the time improving and changing the grade. 

Mr. Mann. Is there anything else to which you wish to call 
attention ? 

Mr. Brown. I want to call attention to a sample of imported red 
clover, which was an importation of about 5,000 pounds. It looks 
good, but it germinates only 17^ per cent. 

Mr. EscH. What is the matter with it ? 

Mr. Brown. It is dead. 

Mr. Mann. What is the germination of the other sample? * 

Mr. Brown. I have not that here. It would probably germinate 
95 per cent or more. 

Mr. ]\Iann. Are you familiar with the germination of these seeds? 

Mr. Brown. Yes, sir. 

Mr. Mann. How does it usually run? 

Mr. Brown. A good sample of clover seed would germinate 95 
to 98 per cent. 

Mr. Mann. It is possible for it to do that? 

Mr. Broavn. Yes, sir. 

Mr. Escii. What effect has age upon germination? 

Mr. Brown. It reduces the vitality of the seed. It depends alto- 
gether on the condition in which it is kept. 

Mr. EscH. Starting Avith a good quality of seed, Avith a germina- 
tion of 95 per cent, say clover seed, what deterioration would there be 
in a year's time? 

Mr. Broavn. It depends on the condition in Avhich it is kept. If it 
is kept in a cool, dry climate, as in the northern part of the United 
States, a year Avill make very little change. If it is kept in the East, 
in the South, or in the Gulf or South Atlantic States, where both the 
temperature and humidity is high, the germination might deteriorate 
20 to 30 per cent. 

Mr. Mann. Is there anything in the physical condition of seed 
that Avould enable you to know its age? 

Mr. Broavn. No, sir. 

Mr. Mann. You can only tell by experiments in germination. 

Mr. Broavn. We can not tell hoAv good a sample it is. We can not 
tell how old it is, but the vitality is affected by conditions of storage 
more than by age. 



16 ADULTERATED AND MISBEAISTDED SEED. 

]\lr. ]Ma>n. Is that true of other seed in tliis bill? 

Mr. Brown. It is true of seed in oreneral. 

Mr. AVanger. Has voiir bureau published anv literature on the sub- 
ject? 

]Mr. Brown. We have some ^ood data on that subject, as Bureau 
of Plant Industry Bulletin 58. 

Mr. ^Iann. Is there anything else on which you wish to speak? 

Mr. Brown. No ; unless it is in connection with vegetable seed. We 
have made examinations this year with reference to germination of 
about 2,800 packets of vegetable seed put up in small packets, which 
are usually found and sold in grocery stores. At the end of a year 
the amount which is not sold is brought back, and the next year they 
usually put that into new packets. The average germination of 
something like 2,800 samples was 62.5 per cent. They were from 27 
different houses and were composed of about as many different kinds 
of vegetable seed. The average germination of seed from one firm 
was only 37.3 per cent. The average germination of seed from an- 
other firm was 43.3 per cent. 

Mr. Mann. Is there any objection to giving the names of these 
firms ? 

Mr. Broavn. The Secretary of Agriculture decided that he would 
not divulge the names of those firms. 

]Mr. Hubbard. What is the highest percentage? 

Mr. Brown. It is 100 per cent for some packets. The highest 
average for any one firm was 81.7 per cent. A good many firms put 
a private mark on these packets, and we went to the trouble of pick- 
ing out a lot of them which had a square mark on them and others 
which had a circle mark, and w^e found a difference of 18 or 20 per 
cent in those packages having the square marked on them as com- 
pared with the ones having the circle marked on them. The ger- 
mination of the different packets of seed of the same kind from one 
firm in several cases varied as much as 90 per cent between the best 
and worst samples. 

jMr. Mann. They are sold at the same price? 

Mr. Brown. Yes, sir. Two hundred of these packets germinated 
less than 10 per cent. They came from 21 different firms. The seeds 
in 62 of these packets were absolutely dead. They came from 13 dif- 
ferent firms. 

Mr. Mann. Have you am' of the envelopes of those packets? 

Mr. Brown. I have none here. 

Mr. Mann. Do these packages bear what is known as the " non- 
Avarranty •' clause ? 

Mr. Brown. I am not sure whether there is any on this small 
packet or not. 

STATEMENT OF MR. F. H. HILLMAN. 

Mr. Mann. What is your position in the Agricultural Department? 

Mr. HiLLMAN. I am assistant botanist in the seed laboratory of the 
Department of Agriculture. 

Mr. Mann. Will you state to the connnittee the ordinary methods 
and practices followed in the laboratory of the Department and else- 
where in reference to the determination of adulteration of seed? 

Mr. HiLLMAN. A seed test involves two classes of examination, for 
purity and germination. A sample as it comes in is passed through 



ADULTERATED AND MISBRANDED SEED. 17 

a mixing machine. It is mixed as well as possible and finally is sub- 
divided until reduced to a small sample representing in clover or 
alfalfa seed — for instance, about 5 grams, or about a tablespoonful. 
It is then removed from the mixing machine and separated into 
three parts, (1) pure clo\er seed, (2) foreign seed, and (3) inert 
matter, as dirt, stems, broken seeds, etc. The percentage of these dif- 
ferent ingredients is determined, showing the percentage of the 
purity of the sample. 

The germination test is made by taking seed from the pure seed 
of the sample. It is indiscriminately picked out, counting out 200 
seeds in duplicate. 

In the matter of adulterants, take, for instance, Kentucky blue- 
grass seed adulterated with Canada blue-grass seed, which we were 
discussing the other day. In a test involving tAvo such similar kinds 
of grasses, the two kinds are not at first separated or determined for 
the reason that the work would be unduly prolonged to separate the 
whole into Kentucky and Canadian blue-grass seed, but from the 
mixed blue-grass seed a thousand seeds are counted indiscriminately. 
The two kinds are then separated, after which the percentage of each 
is determined by count. The same course is followed with red-clover 
seed and alfalfa seed. 

Mr. Ma>;n. Of course you sometimes review your work by draw- 
ing another sample? 

Mr. lIiixMAN. That is sometimes done. 

Mr. Ma?n]s. Do you find from that second test results corresponding 
as to the efficac}^ of the correctness of the plan? 

Mr. HiLLiNiAN. Duplicate tests usually show slight variations. I 
do not think that in the case of a seed test it is a greater variation 
than in the case of a chemical test. It is true that only a small 
sample can be tested. With a large sample the amount of labor 
would be great, and consequently the selection of the test sample is 
important. 

Mr. Mann. State what is the result of your investigation in the 
matter of the test of imported seed. 

Mr. HiLLMAN. Our investigations have related largely to the exami- 
nation of seeds that have come in from foreign countries. The De- 
partment receives small samples representing a few ounces of clover 
seed or of grass seed which has been imported into the country. 
Each importation is represented by a small sample sent from the cus- 
tom-house. We have examined many of these samples, especially 
with respect to the matter of purity. In the case of samples of red- 
clover seed and alfalfa, especially, they have often been found to con- 
sist largely of foreign seeds of various kinds and of small clover seed. 
The red-clover seed produced in different regions differs in size, and 
its value in crop production differs accordingly. The examination of 
the red-clover seed, for instance, has shoAvn that oftentimes the num- 
ber of foreign plants represented will reach as high as 90 kinds of 
foreign seed, which is about the amount represented in this bottle, 
containing about half a pint. We never know from what part of an 
invoice a sample is taken. There is a difference in the seed taken 
from the top and that from the bottom of a sack, as to the degree of 
mixture. 

30979—08 2 



18 ADULTERATED AND MISBRANDED SEED. 

I have here a sample of clover seed which was imported from Ger- 
many. The total number of foreign seed in a small lot of this seed 
was found to be 144,5.50, or nearly 145,000 foreign seeds per pound. 
Mr. Mann. How many seeds are there in a pound? 
Mr. HiLLMAN. Clover seeds will run somewhere between 250,000 
and 500,000 seeds per pound. Probabljr half or more of the seeds in 
this sample are foreign seeds. There is in the neighborhood of 60 
different kinds of foreign plants represented in this sample of seed. 
One kind is present in great abundance. 

Mr. EscH. Are there any seeds of noxious weeds in these samples? 
Mr. HiLLMAN. There always is. In this way it is probable that 
many of our farms have become well stocked with these noxious 
plants, especially those of dodder. 

Mr. Mann. Have you found that there has been imported large 
amounts of seeds of low quality? 

Mr. HiLLMAN. Yes; very large amounts, especially in the case of 
red-clover seed. In a few cases the same is true of alfalfa. 
Mr. Mann. Have you a number of other cases? 
Mr. HiLLMAN. I have here cards representing other cases. These 
show the seeds, and if you will take the accompanying magnifying 
glass and get a close view of them, you can compare them. 

Mr. Mann. Suppose you give to the committee the result of those 
investigations and duplicates of the others and hand them to the 
stenographer or put them in the notes. 

Mr. HiLLMAN. I have two cases represented here in which one im- 
ported sample from Germany contained nearly 145,000 foreign seeds, 
and another contained a little over 90,000 seeds per pound. 

Mr. Mann. "What can you say about the quantity of weed seed that 
is in the imported seed ? Are they mostly found in the foreign crop 
of seed? 

Mr. HiLLMAN. Yes, sir. Most of the seed containing weed seed 
comes from Europe. In the clover seed produced in Russia these im- 
purities are not so abundant. They do not occur in our American 
seed to the extent that they do in the foreign seed. Most of these 
poor grades are shipped out of Europe. 

Mr. Mann. What is your observation as to the quantity of weed 
seed in American-grown seed? 

Mr. HiLLMAN. It is very much less. 
Mr. Mann. Can you give us any idea of the amount? 
Mr. HiLLMAN. In terms or percentage? 

Mr. Mann. As to the number of cases. Is it coimnon or un- 
<'ommon ? 

Mr. HiLLMAN. It is comparatively uncommon for seed of the first 
quality, clover seed or alfalfa seed, to carry a large percentage of 
weed seed. It is not more than 5 per cent. It is common for the 
foreign seed to carry from 20 to 50 per cent. 

Mr. Bartlett. Is there any way by which they can prevent the 
noxious weed seeds getting into forage seeds? 

Mr. HiLLMAN. It is carried from farm to farm in different ways, 
sometimes by irrigation. 

Mr. Bartlett. They have introduced in my section what is called 
the Johnson weed, introduced by hay from Pennsylvania. 

Mr. HiLLMAN. That is a very common method of introduction. 



ADULTERATED AND MISBRANDED SEED. l9 

Mr. Mann. Probably the most common way of introducing this 
noxious weed is through cars that carry cattle from one place to an- 
other. What is dodder? 

Mr. HiLLMAN. It is a parasitic flowering plant which produces seed. 
The group of dodders represents a long list of kinds, of which ten or 
a dozen are considered economic, for the reason that clover crops are 
infested by these plants, and, since thej'^ produce seed, they become 
scattered throughout the country where clover seed is used. 

Mr. Mann. Have you had any experience that would enable you 
to show what the effect of dodder is in a clover field. 

Mr. Hill MAN. I have seen severe instances of its destructiveness. 
Dodder has been introduced from Chile and is ruining the clover in- 
dustry in various parts of the Eastern States where the plant has been 
introduced. Last year I saw two large fields in Maryland and one 
field in l'enn:~ylvania in which from 20 to 25 acres were ruined by 
this plant. The crop was overrun and in some places it was torn 
doAvn by the weight of the dodder, and the sap of the clover was 
being taken. The suckers from the dodder kill the clo^'er by with- 
drawing its sap. 

Mr. Mann. Is tlie dodder usually yellow? 

Mr. HiLLMAN. Yes, sir. One kind has a reddish tinge. 

Mr. Mann. If you see a field of clover that has yellow spots in it. 
is it an indication that the field has been taken possession of !)y 
dodder ? 

Mr. HiLLMAN. That is a good indication. 

Mr. Mann. I suppose that it has absolutely no value for any 



purpose 



Mr. HiLLMAN. Absolutely none. The only instance in which I 
have heard of it being used was in the case of a Mormon farmer who 
cleaned 60 bushels of the seed of the dodder from his alfalfa seed 
crop, and rather than throw it aAvay he fed it to hogs. He said they 
did not die. As a rule dodder on ha^" is cast aside and not eaten b}'' 
stock. 

Mr. Mann. Can you say what proportion of the clover or alfalfa 
seed of the United States is adulterated with the dodder seed ? 

Mr. HiLLMAN. Of the imported seed of a certain class, probably 
half or a greater part contains dodder. I refer to the smaller seeded 
or lighter grades of red clover handled in this country. The seed 
can not be completely cleaned of the dodder, and if it were cleaned 
to a point that would make a fairly good crop, there would still be 
too many other weeds contained in it. 

In the western country where alfalfa seed is produced there are 
three kinds of dodder whose seeds are almost invariably found in the 
western alfalfa seed crop. 

Mr. Mann. Could anyone be deceived in a field of clover in which 
he expects to obtain seed in reference to the presence of dodder? 

Mr. HiLLMAN. He should not be deceived. 

Mr. Mann. It can easily be seen by the eye. 

Mr. HiLLMAN. It is usually conspicuous. One kind is very incon- 
spicuous. It could be noted, however, on a little close investigation 
among the clover plants. The growth is easily distinguishable. 

Mr. Mann. Is dodder seed imported by itself ? 

Mr. HiLLMAN. It is not. 



20 ADULTERATED AND MISBRANDED SEED. 

Mr. Mamn. Are you able to say whether the dodder seed found in 
the clover and alfalfa seed is put there or is there by accident? 

Mr. HiLLMAX. I am very certain it is accidental. It is in the seed 
when bought up. In this 'it differs from trefoil, which is a common 
adulterant. 

Mr. Mann. That is imported by itself? 

Mr. HiLLMAN. Yes, sir. 

Mr. Mann. Does the dodder seed resemble the seed of clover? 

Mr. HiLLMAN. Not closely. I have here a farmer's bulletin in 
which these different varieties of dodder seed are shown in connec- 
tion with the seeds of clover and alfalfa. This is Farmers' Bulletin 
3()G. 

Mr. Mann. Do you think the average person could be able to tell 
dodder? 

]Mr. HiLLMAN. The average person should be able to distinguish it. 
It is a question of the reading of the description of the seed as com- 
pared to alfalfa and clover seed. By using the lens it can be detected. 

Mr. Mann. It is simply a question of making an inspection ? 

JNIr. HiLLMAN. You can hardly fail when you inspect it. We have 
described dodder seed in this bulletin in such a manner that anyone 
should be able to tell it by the use of the lens. I have here some cards 
in which dodder seed are shown. Two or three kinds of dodder seed 
are shown alongside of clover seed, so that one can compare their 
relation in appearance. 

Mr. Mann. Have you anything to say to us in addition to what 
Mr. Brown has already said about foreign crop seed? 

Mr. HiLLMAN. No, sir; I think Mr. Brown covered that pretty well. 

Mr. Bartlett. I see that another way to detect it is by using the 
sieve. 

Mr. HiLLMAN. There are two kinds that can be detected by the use 
of the sieve, separating it from alfalfa or red clover, if the red clover 
is of proper size — that is, not too small. 

Mr. Hubbard. From what foreign country are seeds imported in 
anv considerable quantities? 

Mr. HiLLMAN. Mostly from Germany. Some alfalfa comes from 
France. Russia sends some red clover, but it comes mostly from 
Germany. 

Mr. Hubbard. As to purity is there a marked difference in impor- 
tations ? 

IVIr. HiLL]MAN. I think we get most of our impure seed from Ham- 
burg. 

Mr. Mann. Does that mean it is German-grown seed? 

Mr. HiLLMAN. To a very large extent. 

Mr. Mann. Is not Hamburg the largest seed market in the world? 

Mr. HiLLMAN. I think so. 

Mr. Hubbard. From what part of Russia does the Russian seed 
come ? 

Mr. HiLLMAN. From central I^ussia. 

Mr. Town SEND. What is this seed represented to be? 

Mr. HiLLMAN. Importers often fail to state the particular kind of 
clover seed. They name it " clover seed " to make it pass, but the 
name does not alway fit it very well. 

Mr. Wanger. Some farmers are changing somewhat their method 
of growing red clover, and it is not nearly so profitable as it formerly 
was. 



ADULTERATED AND MISBEANDED SEED. 21 

Mr. HiLLMAN. That is true. It has to do with the character of the 
soil. Again, seed grown under certain climatic conditions is not 
adapted to produce good crops under more rigorous conditions. We 
do not look for the best crops of red cloA^er from seed grown in the 
warmer climates, even if superior in purity. Experiments on clover 
production have been made in Wisconsin and Michigan and also at 
the Department of Agriculture, and in every instance clover seed 
produced in the more temperate parts of the world has been found 
not adapted to the more rigorous climate of the northern United 
States. 

Mr. Bartlett. In my section there is a clover which springs up 
which is called " white clover." 

Mr. HiLLMAN. That has long been known. It is probably native. 

Mr. Richardson. What have you to say as to the life of clover? 

Mr. HiLLMAN. It is not safe to depend on red clover for more than 
two years. "Wliite clover is perennial. Two years is as long as red 
clover should be depended upon to continue productive. Straggling 
plants will live from three to five years, and possibly more. The 
longer retained stand of red clover is due to reseeding as a rule. 

Mr. EscH. On one page of the bill it says, speaking of seed as to 
weight or measure, that if it is not correctly stated it must be mis- 
branded. Is the value of the seed lessened or increased under atmos- 
pheric conditions? 

Mr. HiLLMAN. Vitality is materially influenced by atmospheric 
conditions. 

INlr. EscH. That seed is only put in 50-pound or 20-pound sacks. 

Mr. HiLLMAN. Yes; that is done in trade. 

Mr. EscH. In labeling is not it often found that there is such 
fluctuation as would make a case of misbranding? 

Mr. HiLLMAN. Xo; because that fluctuation is due to moisture. It 
usually does not interfere with the physical quality of the seed. If 
it were carried to an extreme it would interfere. The vitality of the 
seed is due more to the condition of storage than age, within a limited 
time. 

Mr. EscH. If there was a fluctuation of two or three points would it 
be a violation of law? 

Mr. HiLLMAN. I should not think so. 

Mr. Mann. Is there much fluctuation in the weight of seed ? 

Mr. HiLLMAN. Yes ; due to humidity. Alfalfa produced in the 
West will increase in weight when brought to the East. 

Mr. Mann. Mr. Hillman, will you please furnish to the committee 
a list of the importation of these adulterated seeds for the last fiscal 
year? 

Mr. HiLLMAN. Yes. We have lists that show the amount of adul- 
terated seed. Seed imported for use in adulteration consists (1) of 
yellow trefoil used in adulterating clover and alfalfa seed; (2) 
Canada blue grass for adulterating Kentucky blue grass, and (3) 
low-grade clover and alfalfa screenings. Imported trefoil amounted 
to 93,196 pounds in the fiscal year 1906, and 22,000 in 1907. Imported 
Canada blue grass amounted to 762,896 pounds in 1906, and 604,411 
pounds in 1907. Imported screenings in 1906 were: Red clover. 
990.809 pounds; alfalfa. 275,572 pounds. 



22 



ADULTERATED AND MISBRANDED SEED, 



Mr. Mann. Give us the adulterated seed and the adulterant of seed. 

?ilr. Hillman. This imported seed does not all represent adul- 
teration. It may be adulterated after it gets here. 

Mr. TowNSEND. You should state also the amount imported. 

Mr. Mann. Give the good and the bad seed. 

Mr. Hillman. The following tables show in detail the character of 
the imported low-grade red clover and alfalfa screenings. Column 2 
h^hows the amounts of foreign seeds including all weed seeds ; column 
3 shows the amount of all inert foreign matter ; column 4 shows that 
To per cent of the samples contained dodder; column 5 shows the 
number of kinds of weed seeds. These numbers are often doubled by 
the examination of larger samples. Low germination of much of the 
seed is shown in column 7; the import price and the actual cost of 
good seed per hundredweight are shown in columns 9 and 11. 

analyses of imported low-gkade seeds. 

KED CLOVER. 



Table 1 give the ahilyses of 63 lots of low-grade red-clover seed imported 
during the fiscal year ended June 30, 1906, amounting to 990,809 pounds. The 
total importations of red-clover seed for the same period amounted to 7,498,- 
287 pounds, so that the low-grade seed furnished about one-eighth of the total. 
These low-grade importations contained seed enough to sow approximately 
125,000 acres at an average rate of seeding. This seed is for the most part 
small-sized, light-weight screenings. A practical failure must be expected 
whenever seed of this quality is used, either from not securing a stand on 
account of poor germination or from smothering with introduced weeds^ 



Table I. 



-Analyses of 61 samples of low-grade red-clover seed imported duriny 
the year ended June SO, 1906. 





1 


2 


3 


4 


5 


6 


7 


8 


9 


10 


11 




















Price 


Live 
red- 


Actual 
cost of 


Number 
of seed 
sample. 


Red- 
clover 
seed. 


other 
seeds. 


Dirt 

and 

broken 

seed. 


Dod- 
der 
pres- 
ent." 


Kinds 

of 
weed 
seeds. 


Weight 
of 1,000 

red- 
clover 
seeds. 


Germi- 
nation 
of red- 
clover 
seed. 


Quan- 
tity 
im- 
port- 
ed.?' 


per 100 
pounds 

at 
which 

seed 

was 

im- 
ported. 


clover 
seed 
(seed 
that 
germi- 
nated) 

in 
sample. 


100 
pounds 
of red- 
clover 

seed 

that 
germi- 
nated. 




Per 


Per 


Per 




Num- 


iliUi- 


Per 






Per 






cent. 


cent. 


cent. 




ber. 


arams. 


cent. 


Pounds 




cent. 




2945 


48.06 


25.78 


26. 16 


No.... 


39 


882 


38 


ti, 740 


15.20 


18. 26 


S28. 48 


2946 


66.1 


13.16 


20. 74 


Yes... 


27 


900 


91 


5,027 


7.60 


60.16 


12.63 


2947 


77.43 


9.44 


13.13 


Yes... 


32 


1,135 


,S3 


6,876 


9.10 


64.27 


14.16 


3101 


72.5 


25. 73 


1.77 


No.... 


10 


1,594 


96.5 


3,750 


11.00 


69.96 


15.72 


3159 


73.14 


10.38 


16.48 


Yes... 


25 


S93 


88.5 


16,535 


8.00 


64.73 


12.36 


3222 


73.8 


7. 88 


18. 32 


Yes... 


21 


810 


89 


13, 380 


7.20 


65.68 


10.96 


3395 


70.41 


10.90 


18.69 


Yes... 


20 


779 


76.5 


30,857 


7.00 


53. 86 


12.99 


3400 


75. 78 


9.35 


14.87 


Yes . . . 


28 


895 


80 


32, 706 


7.75 


60.62 


12.78 


3425 


70.05 


21.89 


8.06 


No.... 


33 


1,377 


77.5 


32, 630 


8.00 


54.29 


14.73 


3432 


74.39 


15.02 


10.59 


Yes... 


50 


951 


75.5 


22,000 


8.00 


56.16 


14.24 


3456 


43.03 


19.31 


37.66 


Yes... 


39 


855 


28. 5 


25,300 


2.80 


12.26 


22. 84 


3457 


46. 24 


19.09 


34.67 


Yes... 


32 


818 


27.5 


35, 347 


6.10 


12.72 


47.95 


3488 


63. 31 


23. 22 


13.47 


No.... 


29 


913 


68 


35,350 


.5.80 


43.05 


13.47 


3566 


69.81 


12.25 


17.94 


Yes . . . 


23 


847 


72 


32, 893 


7.60 


50. 26 


14.92 


3571 


67.89 


16.67 


15.44 


No.... 


29 


995 


66.5 


29,490 


9.20 


45.15 


20.37 


3587 


67.55 


13. .50 


18.95 


Yes... 


45 


898 


60.5 


7,015 


7.10 


40.87 


17.37 


3688 


76.74 


14.53 


8.73 


Yes . . . 


39 


952 


63. 5 


12, 498 


7.60 


48.73 


15.59 


3591 


70.6 


12. 59 


16.81 


Yes... 


30 


839 


21.5 


13,119 


3.50 


15.18 


16.27 


3598 


74.73 


12.68 


12.59 


Yes... 


40 


1,102 


75.5 


33,069 


8.25 


56.42 


14.62 


3647 


64. 84 


11.69 


23.47 


Yes... 


32 


885 


68 


32,562 


7.70 


44.09 


17.46 


3696 


64.09 


13.79 


22. 12 


Yes... 


36 


.840 


62.5 


44,029 


11.50 


40.05 


28.71 


3721 


72.55 


20. 67 


6.78 


No.... 


19 


1,143 


75.5 


32,523 


7.60 


64.77 


13.88 


3755 


65. 65 


18.48 


15.87 


No.... 


33 


885 


52. 5 


6, 550 


5.50 


34.47 


15.96 


3810 


65. 52 


19.23 


15. 25 


Yes... 


23 


977 


48.5 


15, .588 


6.40 


31.78 


20.14 



" 75.41 per cent of samples contained dodder. 

>> Total quantity of low-grade red-clover seed imported, 990,809 pounds. 



ADULTERATED AND MISBRANDED SEED. 



28 



Table I. — Analijfics of 61 i^amples of low-gnide red-clover yeed imported daring the year 
ended Jane 30, 1906 — Continued. 



Number 
of seed 
sample. 



3811 

3816 

3834 

3906 

3945 

3946 

3959 

3960 

3962 

3963 

3964 

3965 

3967 

3994 

3990 

4009 

4010 

4026 

4029 

4031 

4032 

4035 

4038 

4044 

4051 

4053 

4067 

4084 

4097 

4118 

4163 

4165 

4179 

4180 

4181 

4183..;.. 
4225 

Average 



Red 
clover 
seed. 



Other 
seeds. 



Dirt 

and 

broken 

seed. 



Dod- 
der 
pres- 
ent. 



Kinds 

of 
weed 
seeds. 



Weight 
of 1,000 
red- 
clover 
seeds. 



Per 
cent. 
57.3 

64. 58 
77.45 
61.34 
67.04 
83.54 
94.04 
94.15 
97.15 
96.07 
96. 32 
93.54 
95.04 
47.49 
83.07 
83.87 
64.04 

68. 59 
94.23 
95. 41 
93.82 
95. 52 
95.63 
07.80 
98. 29 
93. .55 
78.61 



Per 

cent. 

22. 81 

10.27 

7.70 

15.51 

17.10 

6.60 

.95 

1.77 

.66 

1.66 

1.93 

.27 

1.20 

32.08 

10.32 

8.02 

17.07 

17.78 

2.59 

1.76 

3.91 

2.16 

1.12 

14.91 

.41 

.17 

8.82 



61.09 


16.93 


64.77 


16.41 


74.04 


15.18 


76.62 


12.36 


54.44 


24. 57 


&1.56 


15.58 


61.04 


12. 58 


58. 02 


17.13 


77. 65 


8.15 


72.79 


16.88 


74.06 


12.17 



Per 

cent. 

19.89 

25.15 

14.85 

23.15 

15.86 

9.86 

5.01 

4.08 

2.19 

2.27 

1.75 

6.19 

3.76 

20.43 

6.61 

8.31 

18.89 

13.63 

3.18 

2.83 

2.27 

2.32 

3.25 

17.29 

1.3 

6.28 

12. 57 

21.98 

18.82 

10.78 

11.02 

20. 99 

22.86 

26.38 

2-1.85 

14.20 

10.33 



Yes 
Yes 
Y'es 
Yes 
Y'es 
Yes 
Yes 
Yes 
Yes 
Yes 
Yes 
Y'es 
Yes 
Yes 
No. 
Y'es 
Yes 
Y'es 
No. 
Yes 
No. 
Yes 
Y'es 
Y'es 
No. 
Yes 
No. 
No. 
Y'es 
Y'es 
No. 
No. 
Y'es 
Yes 
Yes 
Yes 
Y'es 



...I 



Num- 
ber. 
45 
31 
28 
45 
36 
21 
12 
19 
11 
14 
11 

9 
17 
41 
17 
42 
41 
20 
11 
11 
14 
19 
17 
43 

5 

8 
15 
19 
.50 
35 
26 
37 
48 
27 
46 
38 
43 



Milli- 
grams. 
1,021 
886 
1,087 
846 
891 
995 
1,357 
1,552 
1,538 
1,585 
1,603 
1,422 
1,404 
909 
1,2.52 
1,370 
835 
870 
1,582 
1,495 
1,732 
1,555 
1,397 
963 
1, 597 
1,434 
1,164 
1,236 
9.51 
1,010 
1,165 
868 
926 
926 
933 
98U 
1,010 



Germi- 
nation 
of red- 
clover 
seed. 



8 


9 




i'rice 




per 100 


Quan- 


pounds 


titv 


at 


im- 


which 


port- 


seed 


ed. 


was 



10 



Live 

red 

clover 

seed 

(seed 

that 

germi- 

im- ,"«^ed) 

PO^te^J-lsample, 



Per 

cent. 
42 
60.5 
06 
53 
67 
74 

44.5 
09 
34 
70 
72 
15 
48 
17.5 
72. 5 
46.5 
26 

86.5 
65.5 
.54.6 
43.5 
27.5 
53.5 
31. 5 
59.5 
8 
50 
75.5 
46 

60.5 
75.5 
38 
55.5 
75.5 
54 
87.5 
29 



Pounds 

15, 506 

32, 110 

33, 159 

32, 468 

12, 474 

30,427 

1,576 

11,288 

12, 000 

6,393 

5, 952 

2.425 

7,937 

10, 995 

750 

11, 130 

15,024 

4,000 

10,318 

2, .500 

6,303 

3,382 

2,372 

32,074 

, 2, 551 

1,102 

453 

33, ,S60 

10, 787 

2,963 

30, 000 

IS, 200 

22, 046 

4, 851 

22, 046 

7,303 

6, 178 



S5. 60 
7.62 
9.60 
7.50 
8.50 

11.20 
9.50 
9.90 
8.60 
8.00 
9.10 
4.50 
7.60 
4.70 

12. 00 
8.20 
5.80 

14.20 
8.80 
8.98 
6.80 
7.80 
7.70 
7.00 
6.90 
4.50 
4.00 

10.10 
7.00 
7.50 
8.10 
6.00 
0.12 
7.70 
6. 12 
9.75 
6.00 



Per 

cent. 

24.06 

39.07 

51.12 

32.51 

44.91 

61.82 

41.85 

64.96 

33. 03 

67.25 

69.35 

14.03 

45. 62 

8.31 
60.22 
38.9 
16. 65 
59.33 
61.72 
.51. 99 
40.81 
26.27 
51.10 
21. 36 
.58. 48 

7.48 
39.30 
46.12 
29.79 
44.79 
67.84 
20.68 
34.16 
46.08 
31.34 
07.94 
21.11 



11 



Actual 
cost of 

^00 
pounds 
of red- 
clover 
seed 
that 
germi- 
nated. 



13.83 



29.7 



1,105.5 • 58.03 

I 



7.61 43.16 



$23.27 
19.58 
18.70 
23.07 
18.93 
18.12 
22. 70 
15.24 
20. 04 
11.90 
13. 12 
32.07 
16.66 
50. 56 
19.93 
21.08 
34.83 
23.93 
14. 25 
17.27 
16.06 
29.69 
15.05 
32.77 
11.79 
60.16 
10.18 
21.90 
23. ."^.0 
16.74 
14.00 
29.01 
17.93 
16.71 
19.54 
14. 35 
28.42 



20.39 



lu more tban one-half of the 61 samples of which an analysis is given the 
weight of 1,000 seeds is less than a gram, while 1,000 good plumy seeds weigh 
li grams or more. These lots contain an average of only 43.1 per cent of live 
red-clover seed and much of the seed that will germinate is worthless for seed- 
ing purposes, as it is of small size, immature, and of low vigor. 

It is often claimed that seed of this kind is imported to be recleaned before 
it is put on the market. This, however, can not be the case, as in the importa- 
tions referred to the average cost of the red-clover seed that will grow is $20.39 
per hundred pounds on the basis of the average import price of $7.61 per hun- 
dred pounds. At the time this seed was imported five lots of high-grade seed 
were offered for sale to the Department of Agriculture at an average price of 
$15.05 per hundred pounds, the average cost of the red-clover seed that germi- 
nated being $15.59 per hundred pounds. In other words, 100 pounds of seed that 
would grow of the best quality cost $15.59, while 100 pounds that would grow 
of the poorest quality was imported at a cost of $20.39. 

This low-grade seed always carries a large number of weed seeds. 50 kinds 
being found in each of two lots. Of that from Germany all but five lots con- 
tained dodder seed. 

In sowing seed of the average quality shown in Table I at the rate of 8 
pounds to the acre there would be about nine weed seeds sown per square foot, 
including three dodder seeds to every 2 square feet. 



24 



ADULTERATED AND MISBRANDED SEED. 



Table III gives the analyses of 16 selected low-grade samples of imported 
tilfalfa seed, rei)reseiitiug cargoes amounting to 275,572 pounds. Since the total 
impbrtations of alfalfa seed during the same period were 5,688,689 pounds, the 
low-grade seed furnished about one-twentieth of the total. The quality of this 
low-grade seed is similar to that of the red-clover seed shown in Table I. The 
germination is low and the seed in many samples is small or shriveled. All 
but two of these lots contain dodder, and all contained on an average more than 
15 kinds of weed seeds. 



Table III. 



-Analyses of sixteen samples of loiv-grade alfalfa seed imported dur- 
ing the fiscal year ended June 80, 1906. 





1 


2 3 

1 


4 


5 


6 


7 


8 


9 


10 


H 


No. of seed 
sample. 


.\lfalfa 
seed. 


Dirt 
Other and 
seeds, broken 

seed. 


Dod- 
der 
pre.s- 
ent.a 


Kinds 

of 
weed 
seeds. 


Weight 
of 1,000 
alfalfa 
seeds. 


Germi- 
nation 
. of 
alfalfa 
-seed. 


Quan- 
tity of 
seed 
import- 
ed. & 


Price 
per 100 
pounds 

at 
which 

seed 
was im- 
ported. 


Live 
alfalfa 
seed 
(seed 
that 
germi- 
nated) 

in 
sample. 


Actual 
cost of 

100 
pounds 
of al- 
falfa 
seed 
that 
germi- 
nated. 


2929 


Per 
cent. 
84. .56 


Per Per 
cent. , cent. 

3. .5'2 1 11 92 


Yes 


Num- 
ber. 

18 


Milli- 

qrams. 

1,704 


Per 
cent. 
79.5 
46 
53 
56.5 
52.5 
45 
58 
50 
63.5 


Pounds. 
10, 208 
12, 106 


Per 

cent. 

19.50 1 67.22 S14.13 


2941 . .'. 


96.18 1.28 1 2.54 
88.58 1.98 1 9.44 


No.... i 
Yes... 14 


2,166 
1,890 
1,787 
1,866 
1,748 
1,757 
1,834 
1,622 


8.10 44.24 18.80 


2942 


7,797 7.90 ! 46.95 16.83 


2996 


89.42 ' 3.68 
88.06 : 3.24 
87. 8 3. 54 


6.9 

8.7 
8.66 


No.... 
No.... 
No.... 
Yes . . . 
Yes... 
Yes... 


10 
12 
12 
14 
9 
15 
18 
17 
20 
23 
22 
26 
21 


16,475 9.25 ,iO.,52 18.31 


3002 


32,439 1 9.40 
15,923 ' 9.90 
16,610 1 10.25 
14,475 1 8.50 
16, 632 10. 25 


46. 23 20. 33 


3003 


39. 5 26. 06 


3047 


90.16 3.97 


.■S. F,7 


.52.47 19. .53 


3068 


94.38 ' 2.59 i 3.03 
91.01 4. .S3 ! 4.66 


47. 19 18. 01 


3082 


57.79 1 17.73 


3158 


90.8 


4.68 


4.52 


YeK . . . 


1,328 1 9 


33,275 
16. ,501) 


2.00 
10. 13 
2.63 
7.50 
6.00 


8.17 ! 22. ''2 


3393 


94.63 
87.4 
82. 02 
72. 54 
63.85 
81.31 


1.77 
2.1 
6.18 
14.13 
16.79 
4 3K 


3.6 1 Yes... 
10.5 , Yes... 
11. S ' Yes... 
13.33 1 Yes... 
19.36 : Yes... 

14.31 1 Yps. 


1,753 
1,529 
■ 1,032 
1,065 
1,037 
1,164 


73.5 


69.55 

6.99 

63.15 


14.56 


3751 


8 1 33,022 
77 5.610 


37. 55 


4132 


11.87 


4135 


50 


11, 396 


36. 27 


16. .54 


4232 


58.5 
43.5 


3,844 
29,261 


5.00 i 37.35 1 13.39 


4267 


5.70 ' 35.37 16.12 










Average. 


86.44 4.89 ' 8.68 


1.5.75 i 1,580 51.47 


7.63 ' 44.31 


18. 78 



« 75 per cent of the samples contained dodder. 

* Total quantity of low-grade alfalfa seed Imported, 275,572 pounds. 

STATEMENT OF PROF. W. W. TRACY, SR. 

Mr. Maxx. What is your position? 

Mr. Tkacy. I am superintencleiit of the test gardens of the Agri- 
cultural Department. 

Mr. Makk. You have especially to do with vegetable seed? 

Mr. Tracy. Yes ; that is practically all of my work. 

Mr. Mank. Will you give to the committee your information in 
relation to the adulteration of vegetable seed and also state as to the 
vitality of the vegetable seed as you gather it from certain sources, as 
come within your experience? Give us your information on that 
subject. 

Mr. Tracy. The .seed adulteration is largely carried on by the 
seedmen. I do not think the seed is very largely adulterated pur- 
posely, but rather through carelessness on the part of those engaged 
in the raising and handling of seed. 

Mr. Mamn. As I understand, you have handled lai-ge (juaiitities 
and a great many samples of these seeds? 

Mr. Tracy. Yes; 1 have handled a great nlan3^ 

Mr. Mann. What do vou find in reference to the vitalitv of seed? 



ADULTEKATED AND MISBRANDED SEED. 25 

Mr. Tkacy. The seed, as sent out b}^ seediiieii. either through com- 
mission or otherwise, is frequent!}^ of xevy h)w ^•itality, because of a 
shortage in the current j^ear's crop, in which case the seed is sup- 
pLanted by last year's seed so as to make up the required amount, but 
is found often to be of low vitality. This rechiction in the forage 
<;rop is not largely done. The adulteration of seed, as has been re- 
ported in regard to the forage crop, is not large. 

Mr. Mann. With other vegetable seed'^ 

Mr. Tracy. With other vegetable seed. 

Mr. Mann. Is it not a common thing to adulterate vegetable seed 
by putting in other seed of a somewhat lower vitality? 

Mr. Tkacy. Tliat is frequently done. They adulterate a lot by 
putting in some of a lower vitality. 

Mr. Mann. And sometimes they put in dead seed? 

Mr. Tracy. In some cases, yes. 

Mr, Mann. Do j'^ou find that there is any variation in the variety 
of seeds as to names. Are they true to name? 

Mr. Tracy. They are not always true to name. Often there is a 
wide difference in the cost of growing seed of different varieties, and 
a more easily grown seed is supposed to be harder to produce. 
Mr. Mann. Is there any way to tell that by the examination of the 
seed? 

Mr. Tracy. Not generally. There are instances in which it can be 
done. 

Mr. Mann. It is an easy matter to impose upon the purchaser, wlio 
is unable to distinguish the variety of the seed itself, and he can only 
ascertain it by planting it. 

Mr. Tracy. It is easy to deceive them in that way. I have a couple 
of samples to illustrate that. Here are two samples of peas. I took 
these two samples because they were easy. These two samples of 
peas are not easy to tell apart and yet one grows G inches and the 
other grows 4 feet high. One of these peas will admix with the other. 
When one of these is grown with the other it is a total loss. They 
can not be distinguished at all. 

Mr. Mann. Would two peas of those two different varieties some- 
times be mixed in selling ? 

Mr. Tracy. They may be mixed intentionally. A man might not 
have what is called for and he will fill an order with another pea. 

Mr. Knowlton. Where does the Department purchase most of its 
seeds ? 

Mr. Tracy. From various seedsmen ; where we can secure the best 
product, always considering the standard of the seedsman and the 
quality of the seeds he handles. In the purchasing of vegetable seed 
the purchaser is obliged to depend ahnost entirely on the standard 
of the dealer. There is no practical way by which it can be detected 
by the appearance of the sample. 

Mr. Bartlett. I see you have here a sample of watermelon seed. 
Sometimes you will get a good and bad seed from the same vine. 

Mr. Tracy. We have three samples of watermelon seed. One is a 
small seed and the other two are about like it. We mix the smaller 
with the larger one, called the " Early Harris," and it would not jnake 
a very material difference ; but if you mix the other two, one or the 
other would be useless. If you mix some of the small seeds with 
some of the large, it would not make any great difference. If you 



26 ADULTERATED AND MISBRANDED SEED. 

mix the other, it would be an entire loss of the whole crop of both — 
that is, the product would not be salable.. 

Mr. TowNSEND. What is the object in mixing seed? What does 
the seller have in mind ? 

Mr. Tracy. Probably he has an order for one variety, and he can 
not fill that order. He has some seed of another variety, and by 
putting them together he can fill the order. Sometimes the crop is 
short of one variety and is not short of another. In that case he 
would substitute one for the other. 

Mr. Mann. In the last year or two, has the onion seed been plenti- 
ful and cheap? 

Mr. Tracy. Two years ago it was abundant, but during the last 
year or two the crop has been very short. 

Mr. Mann. How about this year? 

Mr. Tracy. It is short this year. People are now speculating on 
the crop of 1908. 

Mr. Mann. Is the old onion seed going out now and being sold? 

Mr. Tracy. Yes, sir. Whatever Avas stored was disposed of last 
spring. 

Mr. Mann. A large amount of it will be placed out as new seed? 

Mr. Tracy. It depends upon how honest a dealer is; but a repu- 
table seedsman would. not use it. 

Mr. Mann. Plave you discovered in anj?^ of the catalogues that 
they are advertising old onion seed? 

Mr. Tracy. No. sir. 

Mr. Mann. They offer it to the trade as new onion seed, but they 
do not warrant it. 

Mr. Tracy. That is frequently done in the seed trade. 

Mr. HuBBRAD. Do they say in their advertisements that it is onion 
seed or that it is new seed ? 

Mr. Tracy. They say onion seed. 

Mr. Mann. Sometimes the advertisement says new seed. 

Mr. Escii. How old can a seed be and still be new? 

Mr. Tracy. It depends upon the condition in which it is kept and 
the condition under which it has been matured. 

Mr. EscH. It would depend upon the individual as to how old 
the seed might be and still be entitled to the term " new " in the 
trade. 

Mr. Tracy. Some people prefer old cucumber seed, as old as it 
will germinate. With that vegetable a seed that is from 3 to 5 years 
old is considered fresh seed, tn that case the old seed produces more 
fruit and less vine. 

Mr. Mann. Is that a peculiarity of other seed? 

Mr. Tracy. That is the character of cucumber seed. 

Mr. Mann. Is not the great value in a great many kinds of seed 
on account of the location in which it grows? 

Mr. Tracy. Tliero is considerable difference in it. That has not 
been thoroughly established, we find, but there is a sufficient differ- 
ence so that the price of western-grown sweet corn is from 20 to 40 
per cent lower than eastern-grown sweet corn. There are a great 
many seedsmen in the East wdio profess not to sell western seed, but 
they buy a great deal of it. What they do with it we are left to 
imagine. 

Mr. Mann. Thej buy western-groAvn seed and sell eastern-grown 
seed ? 



ADULTERATED AND MISBRA.NDED SEED. 27 

Mr. Tracy. The}'^ claim that they buy western-groT\-n seed, although 
they profess not to sell any. 

Mr. Makn. Is that same thing true as to many other kinds of seed? 

Mr. Tracy. It is true as to some other kinds of seeds. The Cali- 
fornia-grown onion is not as valuable as the eastern-grown onion. 

Mr. Makn. Is not the Connecticut-grown seed higher in price? 

Mr. Tracy. Yes; it«is higher in price. 

Mr. Knowlton. Are the eastern onions better than the California 
onions ? 

JVIr. Tracy. Not when served at the table, but they are not so good 
for storage and handling. 

Mr. Kkowlton. The eastern product is not so good for eating? 

Mr. Tracy. Probably it could not be introduced. 

Mr. Mann. A very large proportion of the vegetable seed is grown 
m California. 

Mr. Tracy. The long onion seed is grown there. The peas and 
beans are mostly grown in the East. Much fine seed is grown in the 
East. The muskmelon is growm in the Central States and in the 
Southern States. 

Mr. Mann. Some quality of seed to be good must be imported. 
How about some of the qualities of the cabbage seed ? 

Mr. Tracy. Cabbage seed of the best quality is produced on the 
Atlantic coast. The second best is on the northern Pacific coast. 
Both of these are better than the European-grown seed. 

Mr. Mann. How about the Danish ball-head seed? 

Mr. Tracy. That particular variety is good. It can be kept better. 

Mr. Mann. The same is true as to a certain variety of celery. 

Mr. Tracy. The imported celery is superior. 

Mr. Mann. So that there is quite a variation as to the location of 
diiferent seeds and the values are correspondingly different. 

Mr. Tracy. Yes, sir. 

Mr. EscH. Do we import large quantities of tobacco seed ? 

Mr. Tracy. It is not imported in large quantities. 

Mr. Richardson. Where is tomato seed raised ? 

Mr. Tracy. The best quality is grown in northern and western 
Ohio or in the East. 

Mr. Richardson. What is the best grade of tomato? 

Mr. Tracy. It would depend entirely on the purpose for which you 
want to use it. If you wanted it for family use you would need one 
variety, and if it was for shipping you would need another variety, 
and for canning still another variety. 

Mr. Richardson. For table use? 

Mr. Tracy. That for table use w^ould not be best for canning or 
shipping. 

Mr. Mann. In some places they would require one color and in 
another place they would want another color. In Chicago they want 
the purple tomato and in the East they want the red tomato. 

Mr. Tracy. Yes; in Brooklyn they will not take the white-tipped 
radish, whereas across the river in New York, they will not take the 
solid red one, but want the white-tipped radish. 

Mr. Mann. In some places they do not want the olive-shaped 
round radish, and in other places they will not take the long radish. 
The same is true of lettuce. 



28 ADULTERATED AND MISBKANDED SEED. 

Mr. Tracy. The lettuce generally used in the West is hardly salable 
in the East. 

The Chairman. This alleged superiority in the East as regards 
the quality of the sweet corn over the western product is imputed to 
the peculiarity of the soil? 

Mr. Tracy. The actual superiority of it has not been well estab- 
lished. It may be due to more careful handJjng and cleaning than 
to the difference in variety. The western-grown seed is a little 
coarser, and consequently a buyer is able to distinguish it and gives 
the J3reference to the finer quality of the eastern product. 

The Chairman. The western product has a larger kernel? 

Mr. Tracy. Yes, sir; the germ is larger. 

Mr. EscH. Under a recommendation of the Agricultural Depart- 
ment we imported from Russia some new variety of alfalfa seed. 
Has that been examined by your Department ? 

Mr. Tracy. I am not familiar with that. 

Mr. Bartlett. Speaking of the adulteration of seed, is it not a 
fact that the very best seed obtainable will not result as to the char- 
acter of production, but it will depend a good deal upon the soil, the 
manner of cultivating the seed, and things of that sort? One man 
on one side of the road will have the same seed as another man on the 
other side, but one man will have a different method of cultivation 
from the other and will get a better result. You can not always ex- 
pect the result from the seed. 

Mr. Tracy. Cultivation is quite as important as the seed. Some 
seed growers arrange with farmers to plant a certain area with a cer- 
tain kind of seed, and they pay the farmer a prescribed price per 
pound or per bushel for all the seed raised. The reason for that is 
that in certain varieties of peas and beans and in cases of other seed 
the seed constitutes an important part of the cost of producing the 
crop, and many of the poorer farmers do not have the seed on hand, 
and so they are compelled to deal with the grower. Again, many 
farmers till farms on share leases and the owner of the farm insists 
upon a seed crop, because a seed crop is not sold in the market pro- 
miscuously, but is delivered to the seedsman, and consequently the 
owner of the farm can be sure of getting his full share of the prod- 
uct. The farmer grower does not as a rule receive for the growing 
of these seeds quite as much as he would receive for the ordinary 
crop, and the seedsman controls or tries to control the entire crop. 

STATEMENT OF MR. C. A. BRAND. 

Mr. Mann. What is your position? 

Mr. Brand. Pathologist, Plant Industry, Department of Agricul- 
ture. 

Mr. Mann. Have you had under your direction in this connection 
the subject of the natural mixture of seed? What w^ould you say 
about that? 

Mr. Brand. A great many seedsmen claim that these adulterants 
that appear in seed grew there; that they were harvested with the 
seed which are advertised for sale. It is especially true in cases 
where yellow medic is mixed in with red clover. A careful canvass 
of the red-clover growing areas shows a low percentage of this yellow 
medic. 

Mr. Mann. It is a sister plant? 



ADULTEEATED AND MISBRANDED SEED, 29 

]\Ir. Brand. It is a sister to alfalfa. The same is true of yellow- 
trefoil. This, of course, disposes of their claim that the seed comes 
through natural processes. In some cases it may be due to the mal- 
practice of some previous seedsman Avho has sown it with red-clover 
seed. It is not a weed which will grow in clover for any length 
of time. 

Another claim set up by the seedsmen is that sweet clover is com- 
mon in other seeds; that they buy seeds now and then from the 
fanner, and as a consequence no guilt attaches to them for selling 
seed in that case. In that case there is a good deal of justification. 

In the seed areas of the West, especially in the alfalfa areas, sweet 
clover is found to the extent of from 5 to 60 per cent, and as a gen- 
eral rule it is not distributed in seed, but is incidental to the distribu- 
tion of seed through irrigation ditches. Sweet clover is harvested 
and is never sold as sweet clover, but is bought by seedsmen at a 
lower price than alfalfa seed, and the inference is doubtless correct 
that it often finds its way into alfalfa as an adulterant. Those are 
two of the most flagrant cases of adulteration that we have in this 
country. 

^Ir. TowNSEND. Do you know whether the Department has received 
complaint from farmers over the country in reference to the adultera- 
tion of seed ? 

Mr. Brand. I knoAv the Department frequently receives complaints. 

Mr. EscH. Since your inspection of seed began has the Department 
received complaints from farmers as to the quality of seed distributed 
through Congressmen ? 

Mr. Brand. Seed we distribute? 

Mr. EscH. Yes. 

]Mr. Brand. We do, frequently. 

Mr. EscH. Do you make an examination of that seed? 

Mr. Brand. All seed is first examined by sample. The sample is 
secured by seedsmen who bid on the contract. It is on the basis of 
that sample that purchase is made. 

Mr. EscH. How long has that been the practice? 

Mr. Brand. I have been in the Department a little over four years, 
and it was in vogue before that time. 

Mr. EscH. Are complaints less than they were formerly ? 

Mr. Brand. I can not say as to that. I go about and I hear a good 
deal of the funny type of joke on the Department's seed, but in all 
cases that I have traced down where the seed have been sent out it 
has grown. If properly taken care of it grov.s. 

]Mr. TowNSEND. Have you seed that you actually send out that is 
adulterated that finally reaches the consumer? How do you account 
for that? 

Mr. Brand. We do not buy adulterated seed. As I understood Mr. 
Esch, he asked whether farmers were making complaints concerning 
the quality of the seed they received. We have no complaint that I 
know of concerning the seed distributed by the Department. 

yir. Tow^NSEND. Is not the Department sometimes imposed upon in 
the seed they buy ? 

Mr. Brand. I have no doubt. 

Mr. Eichardson. I had a complaint that came from my district, 
and I wrote to the Secretary of Agriculture about it and sent him 
the inquiries in the letter which complained of the seed. He an- 



8U ADULTERATED AND MISBRANDED SEED. 

swered, as I expected he would, fully to this extent, that he explained 
the method of the distribution of seed. This complaint came from 
the secretary of the Union Farmers' Club, stating that in the distri- 
bution of seed they had understood that some other place was given 
a better quality of seed, ov that there were discriminations; that the 
Department of Agriculture had sent some sections a better quality of 
seed ; that certain men here in Congress had gotten a better quality of 
seed. I submitted that letter to Mr. Wilson, and he said there was 
not a word of truth in it. 

Mr. Brand. It is absolutely impossible. 

Mr. Richardson. I think a particular Member Avas trying to get 
credit for a better quality of seed than he was sending out. 

Mr. Brand. All those things are put through the same mill and 
no man gets any more consideration than any other man. 

Mr. Richardson. I understand that. 

Mr. Hubbard. Do you send seed in all cases in the condition in 
which it is received? 

Mr. Brand. No; it is cleaned perfectly. 

STATEMENT OF MR. R. A. OAKLEY. 

Mr. Mann. Have you visited fields anywhere to ascertain with' 
reference to the mixing of weed seed with the seed of foreign crops 
or otherwise? 

Mr. Oaklfa'. I have. My own work has been along the line of 
grasses. 

Mr. Mann. Orchard grasses especially? 

Mr. Oakley. I have looked into them somewhat. 

Mr. Mann. Give us the result of your inquiries. 

Mr. Oakley. The bulk of the orchard grasses, as they are commonly 
known, is produced in the vicinity of Louisville, Ky., and Jefferson 
and Clark counties, Ind., and in that neighborhood. There is also 
quite a quantit}'' produced in the Shenandoah Valley of Virginia. 
I visited both sections a year and a half ago and examined a number 
of fields. I had personal interviews with all the larger producers 
and a great many of the smaller producers. 

Tlie orchard grass grown in these sections is grown almost entirely 
in pure culture and is not mixed with any other grass. In the case 
of the Kentucky blue grass, and in some cases with the Canada blue 
grass, sometimes the old seed is not harvested with orchard grass 
and much seed is not produced in the fields for the reason that the 
seed grows lower than the orchard grass. There have been adulter- 
ants of orchard grass with meadow fescue, which resenibles the 
orchard grass close enough to make this adulteration practicable. 
This grass is found rarely in orchard fields in the orchard-growing 
actions that I visited. 

Mr. Mann. Then, your observation was that orchard grass where 
seed is produced is practically clear of adulteration? 

Mr. Oakley. Remarkably clear. 

Mr. ISIann. How about the other classes of seed? 

Mr. Oakley. In case of the Canada blue I visited the seed-produc- 
ing sections in Canada and got information in regard to the man- 
agement at a great many points in relation to the mixture with 
Kentucky blue. 

(At 11.50 o'clock the committee adjourned.) 



adultekated and misbkanded seed. . 81 

Committee on Interstate and Foreign Commerce, 

Tuesday^ April 2U 1908. 
Committee called to order at 10.^^5 a. m.. Hon. James S. Sherman 
in the chair. 

STATEMENT OF MR. GEORGE S. GREEN, OF CHICAGO. ILL., PRESI- 
DENT OF THE AMERICAN SEED TRADE ASSOCIATION. 

Mr. Sherman. Mr. (ireen. Mr. Mann suggests that you take charge 
of the hearing so far as to indicate whom 3^ou desire to have heard 
first and in Avhat order. Do you desire to proceed without limit of 
time, or shall I call your attention to the time at the end of a certain 
period ? 

Mr. Green. If you will give me twenty minutes, I think I can 
come within that. 

Mr, Chairman and gentlemen, we are before you this morning in 
relation to this bill submitted by Mr. Mann (H. R. 13835). We 
come simply as business men, not trained in the presentation of a 
cause like this before such a committee. We ask 3'our forbearance as 
to our omissions and errors ; we ask you to take the spirit of what we 
have to say, and to realize that as we are business men, we could 
hardly be expected to state our case as fulh^ and as clearly as a mem- 
ber of your cominittee would. 

We feel that we are members of a trade the business of which is 
built upon honor and reputation perhaps more largely than that of 
most trades. The man who puts our seed into the ground waits for 
his harvest, and in many instances he makes no test, in some in- 
stances he is powerless to make any tests; he deals with his seedsman 
feeling |hat he will receive fair treatment. And I want to make a 
strong point here of the fact that careful investigation among sev- 
eral of the leading houses of the trade reveals the fact that more than 
two-thirds — many of our dealers saj^ fully three-quarters — of their 
'business consists of orders from people Avho have bought goods from 
them in previous years. This indicates, we think, a more than fair 
average standard of morality in the trade. 

This bill, particularly the report on this bill, calls our attention 
to a fact that is not entirely new to us, that there are important 
abuses in our trade, that there are dishonest men in our trade. I, as 
president of the Seed Trade Association, have had correspondence 
during the past month with many members of our association, and I 
will say frankly that the consensus of opinion expressed in that cor- 
respondence indicated that the sentiment of the trade is strongly in 
favor of careful and well-considered legislation, which will regulate, 
and in so far as may be. abolish, such abuses. 

Mr. Adamson. Is it not a very healthy state of commerce in any 
line, when houses engaged in any important business can, year after 
year, sell to the same clientele or patrons? 

Mr. Green. That is what we feel. 

As I was saying, I feel sure that the consensus of opinion, as ex- 
pressed in this correspondence that I have had, is in favor of careful 
and well-considered legislation which will regulate or abolish these 
abuses. We hope for much from a well-considered seed law. 

We have found, upon a careful reading of this bill, much to object 
to in the practical workings of the bill as we understand it. We felt 



32 ADULTERATED AND MTSBEANDED SEED. 

that it would be absolutely impossible to conduct our business in strict 
conformity with its provisions. There were requirements which we 
felt, considering the inherent nature of the seeds, their varying vitali- 
ties, and the cro]:) conditions attending their production and their use, 
would make it difficult, if not impossible, to conform strictly to the 
provisions of the bill. Therefore, feeling as we did and believing 
that this was to a great extent untried legislation (although some- 
thing similar had been tried in other lines of business), what first 
arrested our attention was the extremely heavy punishment provided 
in the bill for offenses which might, and which we felt in practice 
would, undoubtedly occur through errors or omissions of principals 
or employees in the packing and marking and handling- of seeds. 
We felt that this would in effect make well-meaning and innocent 
men criminals in the eye of the law, and we felt that this was repug- 
nant to the spirit of fairness which we believe should exist in all law. 
We felt, and we now feel, that before such heavy penalties are im- 
posed evil intent should be shown. How that can be done legally, 
how the bill can be made forceful, but yet protect the well-meaning 
man, we leave to you, gentlemen; we can not take care of that our- 
selves. But Ave protest vigorously against the possibilit}^ of punish- 
ment, especiallj' the prison penalty, for a man who has meant to do 
no wrong. 

Among the practical features of the bill, or among the features 
wdiere we felt that the conduct of our business under the bill would 
be extremely difficult, are a number which have been to quite an 
extent cleared up at a preliminary conference yesterday with Mr. 
Mann, the author of the bill. Mr. Mann met us in a spirit of fair- 
ness and justness which highly encouraged us. He seemed to recog- 
nize some of the difficulties of our business that we felt had been 
overlooked in the original draft of the bill; and while of course I 
have no authority to say that Mr. Mann has actualh^ agreed to 
changes, yet we feel that his mind is favorable toward the acceptance 
of changes in this bill which will remedy some, but not all, of the 
objections that we find to it as business men. 

Mr. Richardson. Will 3a)u point out wherein you and Mr. Mann 
agreed ? 

Mr. Green. To do that will require a little more time. 

Mr. Richardson. How can we get the nature of that agreement, 
then ? 

Mr. Mann. I suggest that when you get through, Mr. Green, you 
leave with the stenographer, which you did not bring to us at the time 
of vour argument, the amendments which vou desire to have made 
to the bill. 

Mr. Gkeen. I was about to say that after this conference with Mr. 
Mann we left with him an annotated copy of the bill embracing the 
amendments that we woukl like to see incorporated in the bill. Some 
of those Mr, Mann seemed to approve, Avhile others he did not. In 
leaving that draft of the bill, however, I should say that section 6 
has not been considered with sufficient care by our membership or by 
our committee ; but I will pass that point for the time. 

Mr. Mann. Have you with you an accurate copy of that which you 
left with me? 



ADULTERATED AND MISBEAIsDED SEED. 33 

Mr. Green. Accurate so far as the circumstances under which it 
was made would permit, a copy which I believe to be practically 
accurate. 

Mr. Mann. I would like to get one of them in the record. I will 
put the one I have in the record if you haven't one to spare. 

Mr. Green. Very well. 

Mr. Kennedy. You seem to think that the provisions of this bill 
are such that an honest man could not always comply with them even 
though he tried? 

Mr. Green. Yes; as originally drawn, but I would like to make 
myself clear on that point. He could comply with them, but I think 
he would have to go out of ^he seed business. 

Mr. Kennedy. But if all competitors would comply, he would be 
on an equality still, would he not? 

Mr. Green. I do not think that the whole volume of traffic in seeds 
could be economically handled, the whole volume of trade as we now 
know it, under the same conditions as it is now handled, under the 
j3rovisions of the original bill. 

Mr. Mann. I might take the liberty of saying to the committee 
that nearly every objection made by Mr. Green and his associates, 
to the bill, as I understand it, is as to the construction of the bill, 
which personally I did not think the bill bears; but as there is doubt 
about the meaning in some cases it is probably better to clear it up 
in advance, rather than to try to determine the judicial construction 
afterwards. 

Mr, Green. Well, for instance, we thought that there were some 
things, at least, made clear in Mr. Mann's report that we could not 
find in the bill. 

Mr. Sherman. You have spoken for twenty minutes, Mr. Green, 
and you can proceed longer or not as you wish. 

Mr. Adamson. Then, according to your last answer, the report was 
better than the bill ? 

Mr. Green. No ; I do not think it ought to be put in that way, but 
the report, gentlemen, was bad enough. 

Mr. Adamson. Do you mean that the bill was worse than the 
report ? 

Mr. Green. No; you are putting me on record in a rather embar- 
rassing way. 

Mr. Wanger. Would it not be well to give us something specific? 

Mr. Hubbard. Yes; why not let the changes be stated. 

Mr. Wanger. You have s]3oken in general terms, without calling 
our attention to any particular thing in regard to the bill. 

Mr. Richardson. Am I to understand that this bill applies to all 
kinds of seed that is grown in the ground — garden seed, flower seed, 
and everything? 

Mr. Green. I should think it Avould apply as originally drawn to 
practically all kinds of seed. 

Mr. Eichaedson. Up to this time you have only called our atten- 
tion to the penalty clause, U' der which you can put a man in prison 
as well as fine him, one or both? 

jMr. Green. Yes. I will ask permission to go through the bill. 

Mr. Mann. ISIr. Chairman, I think that will be almost endless, be- 
cause I have spent a whole day with these gentlemen, and I would 

.30070— OS 3 



34 ADULTERATED AND MISBRANDED SEED. 

suggest that while Mr. Green and the otlier ge- tlemen may give 
reasons for making certain changes, the various and hirge number 
of changes which are suggested might better be printed in the rec- 
ord, where all the members of the committee can have full chance 
to consider them when the bill comes up in the committee. 

Mr. Sherman. Have you what you are about to state in writing, 
Mr. Green? 

Mr. Green. As to the proposed changes; yes. 

Mr. Sherman. Mr. Mann suggests, then, the advisability of your 
handing that to the stenographer rather than occupying our time now 
with the reading of it. 

Mr. Green. That is satisfactory to me; J think that is wise. What 
I will hand to the stenographer is simply the redrafted bill, or the 
annotated bill, Avithout reasons for the changes. 

A BILL To regulate commerce in adulterated and misbranded seed and to prevent the 
sale or transportation thereof, and for other purposes. 

Be it enacted hy the Senate and House of Representatives of the United 
States of America in Congress assembled, That the introduction into any State 
or Territory or the District of Columbia from any other State or Territory or 
the District of Columbia or from any foreign country of any seed adulterated 
or misbranded, within the meaning of this act, is hereby prohibited ; and any 
person who shall knowingly alid willfully ship or deliver for shipment from 
any State or Territory or the District of Columbia to any other State or Terri- 
tory or the District of Columbia, or who shall knowingly and willfully receive 
in any State or Territory or the District of Columbia from any other State or 
Territory or the District of Columbia or foreign country, and having so re- 
ceived shall knowingly and willfully deliver or offer to deliver, in original 
unbroken packages, for pay or otherwise, to any other person any seed adul- 
terated or misbranded within the meaning of this act, or any person who shall 
knowingly and willfully sell or offer for sale in the District of Columbia or 
any Territory of the United States any such adulterated or misbranded seed, 
shall be guilty of a misdemeanor, and for such offense be fined not exceeding 
$100 for the first offense, arid after conviction for said first otfense for each 
subsequent offense not exceeding $300. The Secretary of Agriculture shall 
make uniform rules and regulations for carrying out the provisions of this 
act, which shall be elfective only after six months' publication. 

Sec. 2. That the term " seed " as used in this act shall include all cereal, 
grass, clover, and forage plant intended for seeding purposes, but the provisions 
of this act, except as to the importation of seed prohibited entry under this 
act, shall not apply to seed in transit or held in storage for the purpose of being 
cleaned, or graded, or to seed in process of cleaning or grading, or to seed 
stored after cleaning or grading, before being offered for sale for seeding pur- 
poses. 

Sec. 3. That for the purposes of this act seeds shall be deemed to be adul- 
terated— 

First. If seed purporting to be orchard grass seed contain more than 5 per 
cent of seed of rye grass or meadow fescue; if seed purporting to be Kentucky 
blue grass seed contain more than 5 per cent of seed of Canada blue grass; if 
seed purporting to be red clover seed contain more than 2 per cent of seed of 
yellow trefoil; if seed purporting to be alfalfa seed contain more than 5 per 
cent of seed of yellow trefoil, burr clover, and sweet clover, singly or combined; 
or if any seed purporting to be of one Ivind or variety contain more than 5 per 
cent of another kind or variety, such other seed being similar in appearance 
and of lower market value and which is used as an adulterant: Provided, That 
no seed shall be deemed adulterated within the meaning of this paragraph 
when it is acconiiianied by a statement or label in the form and manner pre- 
scribed by the rules and regulations in this act provided for, giving the total 
percentage of ))urity and a list of the principal distinguishable kinds or varie- 
ties of seeds eontained therein: /Uid provided further. That no seeds or bulbs 
shall be deemed adulterated within the meaning of this act, in the case of mix- 
tures or blends, when accompanied by a statement or label in the form and 
manner prescribed by the rules and regulations in this act provided for, stat- 
ing plainly that thi>y are mixtures or l)len(ls of two or more varieties of seeds 



ADULTEKATED AND MISBRANDED SEED. 35 

or bulbs, and in such cases it shall not be necessary to disclose the names and 
amounts or proportions of the kinds or varieties of seeds contained therein : 
And provided further. That nothing in this act shall apply to seeds sold by 
sample, where no misrepresentations are made; and this last clause shall only 
apply to interstate traftic and not to seeds prohibited of entry from foreign 
countries. 

Second. If seed of red clover, alsike clover, alfalfa, or Egyptian clover con- 
tain more than a trace of seed of dodder; or if any seed contain weed seed, 
rendering it unfit for seeding purposes : Provided. That the provisions of this 
paragraph shall extend only to seed imported from a foreign country. 

Third. If any seed or bulbs contain, respectively, an unusual or exceptional 
percentage of dead seeds or bulbs or other matter, reducing its quality below 
a normal a\'erage for tlie current season in the country where grown for the 
variety in questicm : Prorided. That this paragraph shall extend only to seed 
and bulbs imported from a foreign country. 

Fourth. If there shall be knowingly added to seed any weed seed or dead 
seed, or any other matter materially reducing its value for seeding purposes: 
Prorided, That this paragraph shall not apply to the mixing or blending of 
seed not otherwise adulterated within the meaning of this act. 

Sec. 4. That for the purposes of this act seed shall be deemed to be mis- 
branded — 

First. When seeds of one definitely distinguishable kind or named variety 
shall be substituted for or offered for sale under the name of another definitely 
distinguishable kind or named variety. 

Second. If in package form, and the contents are stated in terms of weight 
or measure, they are not plainly and correctly stated. 

Third. If the article be falsely labeled or branded as to the State, Territory, 
locality, or country in which it is raised or produced. 

Fourth. If any branded box, bag. or other container is used for any other 
seed of the same kind which is sold in or from said container for the purpose 
of deceiving the purchaser. 

Sec. 5. That no dealer shall be prosecuted under the provisions of this act 
when he can establish a guaranty signed by the wholesaler, jobber, or other 
party residing in the United States from whom he purchases such articles, to 
the effect that the same is not adulterated or misbranded within the meaning 
of this act, designating it. Said guaranty to afford protection shall contain 
the name and address of the party or parties making the sale of such articles 
to such dealer, and in such case said party or parties shall be amenable to the 
prosecutions, fines, and other penalties which would otherwise attach in due 
course to the dealer under the provisions of this act. 

Sec. 6. That the Secretary of the Treasury shall deliver to the Secretary of 
Agriculture, upon his request, from time to time samples of seed being im- 
ported into the United States or offered for import, giving notice thereof to the 
consignee, within two days after the receipt of the seed by the custom officials 
at the port of entry, who may appear before the Secretary of Agriculture and 
have the right to introduce testimony at such time, within ten days after serv- 
ice of said notice upon him. and if it appear from the examination of such 
samples that any seed offered to be imported into the United States is adulter- 
ated or misbranded within the meaning of this act, or is otherwise falsely 
labeled in any respect, or is intended solely for adulteration purposes, the said 
seed shall be refused admission under such regulations as the Secretary of the 
Treasury may prescribe : Provided, That the Secretary of Agriculture shall 
render his decision and give notice thereof to the consignee within ten days 
after the expiration of the time allotted to said owner or consignee to appear 
and introduce testimony as aforesaid : And provided further, That the Secre- 
tary of the Treasury may deliver to the consignee such seed, pending examina- 
tion and decision in the matter, on execution of a penal bond for double the 
amount of the full invoice value of such seed, together with the duty thereon, 
and on refusal to return such seed for any cause to the custody of the Secretary 
of the Treasui-y when demanded, for the purpose of exclusion from the country, 
or for any other purpose, said consignee shall forfeit the full amount of the 
bond. 

Sec. 7. That the term " Territory "" as used in this act shall include the insu- 
lar possessions of the T'nited States. The word '" person " as used in this act 
shall be construed to import both the plural and the singular, as the case de- 
mands, and shall include curjiorations, citmpanies. societies, and associations. 
When construing and enforcing the provisions of this act, the act, omission, or 



36 ADULTERATED AND MISBRANDED SEED. 

failui'c of any otiicer. n^ciil, av other pcison ai-tiiiu U'V or ciuployeil by any 
corporation, conipany, soc-icty, oi- association witliin liic scope of his cniitioy- 
iiient or otiicc. shall in every case he also deeuied i)rinia facie to he the act, 
omission, or failure of such corpoi at ion. coniiiany, society, or association as 
well as that of the jierson. 

Sk<\ 8. That tliis act shall he known, descrilx'd, and desi.i;iiated as the pure 
seed act of IDOS. 

Sec. J). Tliat this act shall lal<e etlecl ;ind in- in force ujion tiie e.\|)iration 
of six months after its passat,'e. 

Mr. Mann. On that iU'coiiut, Mr. Chiiirmaii, it would be well for 
the comnuttee to have the bill, with the aiueiulments which have been 
sujij^ested by Mr. Green, printed. 

Mr. SiiEiJMAN. Very well; if there is no objection that will be done. 

Mr. Makn. And that it may also be inserted in the record. 

I would suggest to 3'ou, JNIr. (Ireen, that either yourself or some 
other member of your association sh(>td<l give tts the reasons Avhy yon 
w^ant these changes made. 

Mr. (ji:i:ioN. Well, gentlemen, we want the bill changed to read to 
" Avho shall knoAvingly and willfully '' do these things, for the reasons 
that I have stated. We want the pmiishment so applied that a man 
will not be imprisoned for an offense under an untried law, which 
may occur thi'ough errors or omission of his employees. 

Mr. Bakti.ett. In other words, you want ])enaUy instead of pun- 
i.shment ? 

Mr. (jhkkn. Penalty instead of imprisonuient })unishment ; and we 
felt that the punishment for the subsequent offenses after the first 
should be incurred only either after conviction or after indictment 
for the first offense, so that a man who thought he was conducting 
liis business legally and found that he was not would not have 
repeated penalties })iled up on him. 

Ill section t2, applying to all seeds, we feel that from the provisions 
of that section shoidd be excei)ted vegetable and Hower seeds and 
bidbs, on account of the difficulties in making satisfactory regulations 
wdtli regard to them. There are other gentlemen who w^ill go into 
that more in detail, but this section 2 of the annotated and amended 
bill suggested to Mr. Mann reads as follows: 

Sec. 2. That tlie term " seed " as used in this act shall include all cereal, 
srass. clover, and forage-i)lant seeds intended for seedini; purposes ; but the pro- 
visions of this act, excei)t as to the importation of seed prohibited entr.y under 
this act, shall not apply to seed in transit or held in storaije for the purpose of 
beiufjc cleaned or jjraded, or to seed in process of cleaning or ijradins, or to seed 
stored after cleaning or grading, before being offered for sale for seeding 
purposes. 

That, I think, is Mr. Manirs thought expressed in words of ours, 
the change from the original bill being made for the reason that 
under the original bill, as we tmdersland it, unclean seed could not be 
shipped across a State border to the great cleaning warehouses, where 
most of the weeds in this seed are removed, thus making it fit for 
seeding purposes. (Treat stress has been laid on the importation of 
A'ile seed. We feel that in the operations of the great cleaning houses 
of this country more weed seed are removed from seeds growai in this 
<ountry than are ever imported, and far more than are ever used as 
:idulterants. I believe that in these great seed warehouses fully 95 
])er cent — T think I could go much higher than that — of the weeds 
that come to them in the country seed are rcnnoved and sold as waste 
matter; that the seed goes out from these warehouses cleaner, far 



ADULTEEATBI) AND MISBRANDED SEED. 37 

more fit for seeding })iirp()ses. and far more useful in every way than 
it comes into them. The bulking and cradinir; are necessary adjuncts, 
and if you leg^islate these cleanin": establishments out of existence 
you remove the most ])otent a<>fency in this country for freeing the 
country from weeds. 

Mr. Wanger. You suggest an exception, (hen. where seeds are in- 
tended to be forwarded to* the cleaning houses? 

Mr. (tkken. Yes; seeds for the })urpose of being cleaned should be 
exce])ted wherever this law Avould otherwise iip]3ly to then. 

There are certain changes in section 8 that aiv mattei's of detail 
and which have practically been agreed upon with Mr. Mann. 

Mr. Mann. Now, remember that T am not the connnittee; do not 
make any mistake about that. 

Mr. Green. That is quite true. 

Mr. Mann. I made no agreement, and you put too much responsi- 
bility upon me. 

Mr. (treen. Oh, I understand that. Thei'e was no agreement. 

Mr. AnA:MS()N. Of course a'ou would not want to i)ut words in his 
mouth that he would not be bound by. 

Mr. Green. T understand that. 

In section 3 it was thought that there should be an insertion of the 
word " five " instead of " two " on the twenty-fifth line of page i2, and 
that would make the man of innocent intent less likely to suffer, and 
that no person would adulterate seed for the sake of the profit which 
might be gained from putting so small a pei'c^ntage as 5 per cent 
in the seed. There would Ik^ no possible profit in that which would 
compensate for the deterioration m the (pitility of the seed. 

Mr. Mann. As I reuieml)er it, in tallying with me. you desired 5 
per cent in every case excepting in the case of the red clovei- and the 
yellow trefoil seed. 

Mr. Green. Yes. The value of the red clovei- is so high and the 
possibility of the two growing together is so limited as to percentage, 
that we thought it unnecessary to provide leeway of more than 2 
per cent in that instance. 

Mr. Adamson. The eftect of the "i per cent, if allowed, is itself an 
admission of the possibility of incidental and accidental ji.dvdteration 
that yon think ought not to be made criminal. 

Mr. Green. That is the point. 

Mr. Adamson. Then it is a question of judgment and ought to be 
arbitrarily decided jnst what per cent that ought to be. 

Mr. Green. Yes; that is a matter for the lawmakers to decide. 

Mr. Adamson. That is a matter of jndgment ; it might be fixed at 
5 or 7 per cent just as well as '2 yter cent. 

Mr. Green. Yes. 

Mr. PTiTiiBARD. What are the tAvo seeds as to which '2 per cent is 
thought to be the proper limit? 

Mr. Green. A mixture of red clover and yellow trefoil seed. 

Mr. Hubbard. You are willing to let the bill stand as it is in re- 
spect to those tAvo seeds? 

Mr. Green. Yes, sir; the thought being that the difference in the 
value of the two seeds is so great that the raising of that limit to 5 
per cent might be a temptation to a man who wanted to come jnst 
within the limit of the law. AVe do not Avant any adulterants nsed. 



38 ADULTERATED AND MISBRANDED SEED. 

Mr. LovERiNo. How do you detect the presence of 5 per cent in red 
clover? 

IMr. Green. It is very difficult of detection, hut trained men that 
know the seeds can tell, undoubtedly, in the case of yellow trefoil and 
red clover by the shape of the seeds. 

Mr. LovERiNG. And the average man would depend upon the opin- 
ions of those trained me? « 

Mr. Green. Yes. 

Mr. Richardson. You say that you want to strike out the garden 
seed. We would like to hear you give the reasons why this should 
not apply to garden seed as well as red clover seed. Mpre garden 
seed are used than clover seed? 

Mr. Green. Tn a general way the reasons for that are that the 
conditions of production and distribution of the two classes of seed 
are different. Grass seeds are grown on great areas, and are srown 
under what you might call natural conditions as distinguished from 
artificial conditions. I realize that that is not a clearly defined 
difference there, but the garden seeds*receive more careful personal 
attention. Plants of a different kind can be pulled out by hand ; the 
fields can be " rogued," as the term is. 

Mr. TowNSEND. Can you tell the difference between the different 
varieties of radish seed, for instance, by looking at the seed ? 

Mr. Gri:en. I will ask Mr. Vaughn to answer that. 

Mr. Vaughn. No; you can not. 

Mr. TowNSEND. Do you understand the provisions of section 3 so 
as to explain them fully? 

Mr. Green. Gentlemen, I am not a garden seed man. Mr. Stokes, 
can you answer 

Mr. Town SEND. Never mind, he may answer the questions later, 
and you can go on with your statement. Do you know about clover 
seed? 

Mr. Green. Yes, sir. 

Mr. Townsend. Can you tell the difference between the large 
variety, the giant variety of red clover, and the small variety ? 

Mr. Green. No; I can not, and I do not think anyone else can. 

Mr. Townsend. Do you understand that this bill makes it a crime 
to sell the small variety for the large variety? 

Mr. Green. That would depend upon the construction of the first 
paragraph of section 4. 

Mr. Townsend. Do you refer to the words " distinguishable named 
variety?" 

Mr. Green. " When one kind or distinguishable named variety of 
seed or bulbs," if that section means distinguishable as seeds, there 
is no crime under this bill for the sale of the two. If it means dis- 
tinguishable as to the product, there is a crime, a crime which no man 
on earth could be safeguarded from committing. We are dependent 
entirely upon the word of the farmer Avho brings this to the market. 
No living man can tell the difference between the two, and, as you 
know, some farmers are not truthful. 

JNlr. Richardson. And do you not think it is true that some men 
who sell seed are not truthful? 

]\Ir. Green. I know that. 

Mr. Townsend. Supposing you put the woi-d "' distinguishable " 
before the word "kind?" 



ADULTERATED AND MISBRANDED SEED. 39 

Mr. Green. That would not help in the case of the Mammoth 
Clover, but we think it should be before the word '' kind," and in re- 
writing it we have placed it there. 

In that same first section the difficulty of complying with the exact 
regulations in lines 14, 15, and 10 seem to be very great to us, and we 
have suggested a change of wording, which will appear in the record. 
I do not think we should take up time on that. 

In paragraph 2 we wish to have inserted, after the word '•'" contents," 
the words '' more than a trace of seed," for the reason that in scarce 
years in this country — such as the last two years — a sufficient quan- 
tity of foreign clover seed can not be obtained which is strictly free 
from dodder. Dodder seed can be cleaned out from clover to a very 
large extent, and what remains in it after careful and thorough clean- 
ing is a very small percentage. 

Mr. Hubbard. Can you state that percentage? 

Mr. Green. No; I could not state it. But I should think it would 
not be more than one-half of 1 per cent, and very likely in most in- 
stances not more than one-tenth of 1 per cent. 

Mr. Mann. You stated to me that you would not want for a mo- 
ment to have one-tenth of 1 per cent adulteration. 

Mr. HicHARDSON. What do you mean by dodder? 

Mr. Green. Dodder is a parasitic plant that grows from seed and 
attaches itself to the stems of red clover, thriving upon the clover 
plant, and kills its host. It is a very troublesome weed in many sec- 
tions of Europe. In some sections of this country we do not think it 
thrives, though perhajis in others it may. 

Mr. Richardson. How can the purchaser by vigilance and care 
avoid that? You say that it fastens itself to the plant. 

Mr. Hubbard. He can clean it out. 

Mr. Green. He can avoid the production of the seed. 

Mr. Richardson. But if the dodder seed is in there, how can he 
avoid it? 

Mr. Green. He can avoid it best by not sowing seed with it in 
there. After it is started the only way would be to cut out the patches 
w^here the dodder has appeared. 

Mr. Richardson. Just as you would cut off a limb that has the 
gout on it? 

Mr. Green. Yes. 

There is one point in this bill that T have not taken up, and that is 
we feel that all reference to the export of seed should be eliminated 
throughout the bill. We believe that that tends toward the sowung 
in this country of inferior qualities within the States; that it takes 
the cream of our produce for the exporter and for foreign countries. 
We believe that the foreign buyer should be left, so far as our laws 
are concerned, a free agent, and that we are not called upon to exer- 
cise paternal care over the foreign buyer. 

The third paragraph of section 3 was a stumbling block to us as 
originally worded. We could not see how the import business, which 
is so necessary in a great many varieties of vegetable and field seed, 
could be conducted under that paragraph. We have suggested this 
substitute : 

Third. If any seed contain, resiieetively, an nnnsnal or exceptional percent- 
age of dead seeds or other matter, reducing its quality below a normal average 



40 ADULTERATED AND MISBRANDED SEED. 

for the current sen son in the country where grown for the variety in question: 
Provided. That tliis i)araKrji])h shall extend only to seed inii)ortefl from a foreign 
country. 

The object of the change in that clause is to permit the importation 
of hie:hly necessary varieties of vegetable, flower, and field seed, all 
of which contain normally, and without adulteration, certain per- 
centages of dead or unfertile seed. 

Mr. Hubbard. Can the maximum of those percentages be fixed? 
It would be difficult. I think, to convict anybody violating such a 
section as you have there expressed. If you will fix a maximum per- 
centage, then if there is a violation conviction would be easy. 

Mr. Green. The maximum percentage w^ould differ in each variety 
of seed, and would differ in each season, and might differ in the same 
season, according to crop conditions in the coimtry where the seeds 
were grown. Vegetable seed is contracted for in advance in countries 
where the weather conditions influence the character of the product, 
especiallv as to the percentage of dead seed. 

Mr. Mann. This provision, anyhow, is practically only a direction 
to be followed by the Secretary of Agriculture under section 6 of 
the bill as you have it now; it only relates to import seed, and some- 
thing to be adopted at a j^ort of entry in accordance with this pro- 
vision, so that it is not a matter relating to conviction. You desire 
to have a new provision put in, do you not ? 

Mr. Green. Yes; we desire to have a new provision put in reading 
this way: 

And proiMcd further. That no seeds shall be deemed adtilterated within the 
meaning of this act, in the case of mixtures or blends, when accompanied by a 
statement or label in the form and manner prescribed by the rules and regula- 
tions in this act provided for, stating plainly that they are mixtures or blends 
of two or more varieties of seeds, and in such cases it shall not be necessary to 
disclose the names and amounts or proportions of the kinds or varieties of 
seeds contained therein. 

That provision is intended to cover Ihe sale of lawn mixtures and 
of pasture mixtures. 

And we further desire the addition of the following sentence: 

And provided further. That nothing in this bill shall ai>p]y to seeds sold by 
sample where no misrepresentations are made; and this last clause shall only 
apply to interstate traffic and not to seeds prohibited of enti-y from foreign 
counries. 

We do not want to leaA^e a loophole in that for the importation of 
objectionable stuff that has been coming from Europe. 
(Adjourned at 11.30 a. m. to meet again at 2.30 p. m.) 

AFTER RECESS. 

The subcommittee reassembled at 2.30 o'clock p. m., pursuant to 
adjournment, Hon. James R. Mann (chairman) presiding. 

Mr. Green. In the remainder of section 3 and in section -1 the 
changes that have been asked for are quite fully covered by the 
annotations in the bill that has been filed with the committee. I wish 
now to call on Mr. Charles Dickinson, vice-president of the Albert 
Dickinson Company, of Chicago, to take up the consideration of 
section 5 of this act and present some other features of the law. 



ADULTERATED AND MISBEANDED SEED, 41 

STATEMENT OF MR. CHARLES DICKINSON, OF CHICAGO, ILL. 

Mr. Dickinson. Section 5 of this bill provides " That no dealer 
shall be prosecuted under the provisions of this act," and so on. I 
will not read it all. It provides for a warranty, for a guaranty. In 
the business of grass and field seeds, and also, I should judge, in the 
wholesaling of other seeds, the volume of traffic would be so large 
in dollars and cents that to furnish a guaranty would be unsafe un- 
less the working margin in the business were greatly increased to 
cover risk caused by giving such guaranty. In what way or manner 
a business which has been conducted for all these years on margins 
of 1, 1|, and 2 per cent, as has been the case in the grass and field 
seed line, can be changed and a guaranty given with safety I do not 
know. It seems impossible, for our trade runs into several millions 
per year, and the goods come in in the autumn and go out so quickly 
that the question of the dead seeds and the question of the condition 
of the same in a season when nature does not furnish the proper con- 
ditions for maturing a crop to its highest degree of perfection is 
very difficult; which causes me to read a fcAv extracts which I have 
taken from a hearing held in England in 1901, I believe : 

In a ypar without sun unripe seeds are more connnon. In some years seeds 
come with hard shells. Consider fourteen days for clovers and iwenty-eijjht 
days for grasses for useful opinion as to fierniination. I do not l)elieve in the 
possibility of testing the germination of seed, a natural product, as accurate as 
a chemist can analyze an inorganic comi>onnd. Chemical is finite, and definite 
biological totally different. You can not get definite lines and results of inquiry 
as in inorganic or chemical investigations. There is a difference in growth, top 
and bottom of sack. Oftentimes this would come from the heavier of smoother 
seeds working to the l)ott(mi by the frequent handling of the sacks. Sampling 
is simple for practical trade purposes, but useless for legal recp.iirenients. A 
certain amount of variation in all living organisms. Seeds have a period of 
rest, in which they do not germinate so well. Some grow after they fall fnmi 
the parent plant; some grow better in the winter and the spring than in the 
autumn. Farmers should not be exempt from the same law as a]tplies to seeds- 
men. A question was put: "Do you consider farming a business?" The reply 
was, " Yes." 

In my own opinion it is. 

Mr. Mann. AVhat are you reading from? 

Mr. Dickinson. I am reading from " Minutes of the evidence 
taken before the departmental committee appointed by the board of 
agriculture to inquire into the conditions under which agricultural 
seeds are at present sold." This is dated, on the outside page, 1901. 

Mr. LiTTLEFiELD. Are you reading from the report of the Cop.nnis- 
sion, or from the report of the testimony given? 

Mr. Dickinson. I do not know that I understand the question so 
that I can answer it correctly. I read from the report. I copied 
these statements from it as covering what we had to take care of 
under this seed bill. The last quotation here is to the etfect that there 
is much more difference where seed is 50 or below than where 
seed is 95 and above, for the reasons given in regard to iniripe seeds 
and hard shells and other conditions. 

The other points that I wish to bring up are to see that the bill 
does not prevent the bringing into the country of any seeds that are' 
in an unclean condition, so long as they do not have bad or Aveed 
seeds in them, to enable a merchant to go into the different parts of 
the world and buy seeds with the chliff and dirt and the conditions 



42 ADULTERATED AND MISBRANDED SEED. 

in which they come from a farmer apd bring them into the United 
States, so long as they do not bring any noxious seeds at the same 
time. That covers the point. 

Mr. Mann. Yon say that you ought not to be required to guarantee 
the seeds. Do you think that it is fair for you to sell seed labeled a 
certain kind of seed and have no responsibility in connection with it 
as to whether it is that seed or not? 

Mr. Dickinson. We have had a moral responsibility for the thirty- 
five years I have been in business, all the time. 

Mr. Mann. Do you think you should have no legal responsibility? 

Mr. Dickinson. We endeavor to keep our standard on such a basis 
that if there was a legal responsibility we would not come under it. 

Mr. Mann. Do you think that any seedsman should be allowed to 
sell seeds of a certain kind without any responsibility as to whether 
it is that kind of seed or not, except the mere honor, the moral re- 
sponsibility? Is that your position? I want to get it in the record, 
whatever it is. 

Mr. Dickinson. I think if there is shown to be knowingly and will- 
fully an intention to defraud the purchaser the man should be pun- 
ished legally, morally, in any way that is necessary. 

Mr. Mann. That is practically saying that you do not think there 
should be any responsibility. 

Mr. Dickinson. T did not consider tliat my answer made it as 
broad as that. 

Mr. Mann. I should hardly suppose that any seedsman would 
take the position that he should have no responsibility in selling a 
thing. The common law applies in most things. 

IVIr. Dickinson. In our line of business we buy and sell grass and 
field seeds, and the margins are so small, and have been for all these 
years, that to answer the question in regard to the grass and field 
seed would not be the same as on flower seed. 

Mr. Mann. You sell a man a Kentucky blue-grass seed. Do you 
think you should have no responsibility as to furnishing blue-grass 
seed, and that there should be nothing to make you sell him Ken- 
tucky blue-grass seed except the mere fact that he will not buy from 
you again if you do not ? 

Mr. Dickinson. Knowingly we have never sold any seed as Ken- 
tucky blue-grass seed that was not Kentucky blue-gi-ass seed. 

Mr. Mann. I did not suppose you did. If I supposed you did, I 
would not ask the question in the way I did, by any means. But do 
you think you ought to have no responsibility as to whether you sell 
a man Kentucky blue-grass seed when he buys Kentucky blue- grass 
seed and pays for Kentucky blue-grass seed ? 

Mr. Dickinson. But where we buy the blue-grass seed from the 
groAver or the dealer in Kentucky, and our experience and judgment 
is such that we are confident it is the Kentucky blue gi'ass, and the 
buyer is ignorant whether it is Kentucky blue grass or not, he takes 
our judgment. As to whether that should constitute a guaranty, if 
the laws says we must guarantee we will have to obey the law or else 
go out of business. 

Mr. Mann. Do you say in making sales, " This is Kentucky blue 
grass in our opinion," or " We think Avhat we send you is Kentucky 
blue grass," or do you sell Kentucky blue-grass seed as Kentucky 



ADULTERATED AND MISBRANDED SEED. 43 

bliie-orrass seed? Do you give it as a matter of opinion, or do you sell 
it as though it was the thing itself? 

Mr. DICKI^'so^^ If a man asked me, and I was showing him Ken- 
.tucky blue grass, and it was sold b}^ sample, I should tell him we had 
bought it as Kentucky blue grass, and that we had handled these 
goods for years, and therefore it was true to name. 

Mr. Mann. Do you think there should be any responsibility? 

Mr. Dickinson. We consider there is responsibility there when 
we fill the order. 

Mr. Mann. I understood 3'ou to say that you did not wish to as- 
sume any responsibility. 

Mr. Dickinson. As to giving a written guaranty; I think 1 am 
right in making the statement. And I do not think we would be 
warranted in doing it, because the margins do not warrant it. 

Mr. Hubbard. Is it possible for you to tell whether it is Kentucky 
blue-grass seed or not ? 

Mr. Dickinson. I would consider that it was. 

Mr. Hubbard. It is not possible for the buver to do that ordinarily, 
is it ? 

Mr. Dickinson. Most small buyers would not have the knowledge. 

Mr. Hubbard. If you can not tell whether it is Kentucky blue 
grass or not, and do not exercise 3^onr ability to determine it, or 
exercising jour ability you send him as Kentucky blue grass what a 
dealer knr)ws is not Kentucky blue grass, there ought to be some addi- 
tional liability, ought there not, in addition to the possibility that 
that man will not buy from you next time ? 

Mr. Dickinson. We do exercise our al:)ility in buying the goods in 
knowing that it is Kentucky blue grass. We put our good name, of 
thirty or forty years' standing, behind the things we sell him. 

Mv. PIubbard. I understand j'ou have the very best name in the 
country, or a name as good as any, in that respect: and that is true 
of all dealers, perhaps. Here is a dealer that a man tries to buy 
Kentucky blue grass from, and tliat dealer can tell whether what he 
is furnishing is or is not Kentucky blue grass, but the buyer, being a 
small buyer, can not tell whether it is or not. Ought not the dealer 
to be responsible to the man that buys from him to an extent beyond 
the mere probability that that man, having found that he has been 
deceived, will not buy from him a second time? 

Mr. Dickinson. I believe in his being responsible to the extent of 
a fine, but I do not believe in making a man responsible for a prison 
offense. 

Mr. Hubbard. Suppose he knowingly does it, ought it to be a 
prison offense? 

Mr. Dickinson. If he continued, knowing it to be an offense. 

Mr. Hubbard. If he knew it tlie first time, ought he not to be im- 
prisoned ? 

Mr. Dickinson. If he did it himself, personally, I should not ob- 
ject to that. If the employer did it knowingly, and it could not hap- 
pen by accident. 

Mr. Hubbard. Suppose his emploj'^ee did it knowingly, ought the 
employee be imprisoned? 

Mr. Dickinson. I should think not, because the employee would 
not do it without orders. The imprisonment should go to the man 
that gave the orders. 



44 ADULTERATED AND MISBRANDED SEED. 

Mr. Hubbard. If it was done, it would be done either by the eni- 
j^loyee or by the princijjal knowingly. Ought whichever of them 
who caused the thing to be done knowingh' to be imprisoned ? 

Mr. DicKi>sSON. According to the character of the man and the 
facts of the case. That is the only way in which I can answer that. 

Mr. IIi^BBARD. You think a good man ought to be allowed to do it 
with impunity and a bad man not; is that it? 

Mr. Dickinson. If a good man goes wrong, and he was drunk 
when it happened, I would not send him to jail. 

Mr. Hi BBARi). You would long enough for him to sober up. would 
you not? 

Mr. Mann. If he happened to commit an assault upon you under 
such circumstances. I suppose you Avould be willing to have the Gov- 
ernment send him to jail, Avould you not? 

Mr. Dickinson. I have not done that in some cases. 

Mr. Mann. You have not done what? 

Mr. Dickinson. I haA'e not sent them to jail when they have done 
it, when they Avere drunk. 

Mr. Mann. Is there anything else? 

Mr. Dickinson. No; I was through before you started. 

Mr. Green. We have a letter from the president of the Seedsmen's 
League, a kindred organization to the American Seed Trade Asso- 
ciation. Mr. Henry W. Wood, of Richmond, Va.. has that letter 
and will read it. 

Mr. Mann. From whom is the letter? 

Mr. Wood. It is from Mr. Bruggerhof. of the firm of J. M. Thor- 
burn & Co. 

Mr. Mann. I have 50 or 100 letters here which I am going to have 
printed. 

Mv. Green. Mr. Wood will also discuss section f> of the bill. 

STATEMENT OF MR. HENRY W. WOOD, OF RICHMOND, VA. 

Mr. Wood. This letter was addressed to the Connnittee on Inter- 
state and Foreign Commerce, before we knew that we were to appear 
before your committee. It reads as follows : 

The Houorable CoMMrrxEE on Interstate and Foreign Commerce. 

Gentlemen: The ahove-eutillt^d bill, iutnidiiceil by the Hon. James K. Maim, 
of Illinois. .January l-^', 1D08, and reported with amendments March 20. 11)08, 
has for its object and inirpose: "To regulate onmnierce in adulterat(Hl and mis- 
branded seed and to ))revent the sale or trans])()i-tation thereof, and for other 
l»uri>oses." 

If it were possible, 1 wish that le;4islatii>n on this iniiKirtant subject could 
be i)ost])oned until the contents an.d i)ro\ isions of the proposed bill could be 
more thoroughly digested by the seedsmen generally and their suggestions pre- 
sented as a heip to the honorable committee to whom it was referred. The 
notice of the proposed legislation comes to us at a time of year when our entire 
strength and energy ai-e retprired to mei't the (h-mands of the trade and the 
consumer, working oftentimes with double shifts and every night and all 
lught to keei» up with the orders. For this I'eason I am personally denied the 
honor of meeting with the honorable connnittee and those of my confrrM-es in 
the seed business, and must therefore content myself to reduce to writing, in 
an imperfect way, such suggestions and thoughts as occur to me as being help- 
ful and germane to the issue involved. 

Willful adulteration of any conunodity is vicious and unrighteous, whether it 
be seed or anything else, and so far as the proposed bill is intended to control 
such i)ractice it is good. Some of its rccinirements ;ire. liowever. practically 



ADULTERATED AND MISBKANDED SEED. 45 

iuiiiossible of perforniiUKe. ami no doubt there will lie presented to your honor- 
able conunittee such suf:.Lrestions upon which to predicate amendments thereof 
in order to secure full and equal justice to all sought to be affected thereby. 

I respectfully submit that all reference to vegetable and tlower seeds and bulbs 
should be entirely eliminated. 

So far as it applies to grass, clover, or field seeds the percentage of purity 
required by the provisions of tlie bill maiie it in most cases i)raetieally impossible 
of compliance with. 

There is no sucii tiling as a natural OS per cent purity of any thing or kind 
that comes forth out of the earth. "Tares and wheat together grow," and it 
would require the use of a microscope to produce meclianically any such per- 
centage of pure seed as required b.y tlie bill, even in cases where it is p'ossible 
to arrive at such percentage. The ]n-ocess needed to produce such a pei'centage 
of purity would make cost thereof prohibitive in a ma.iority of cases. 

Tlie bill in its present shape fails to discriminate between the willful and the 
accidental violator of the law. Seedsmen handle over 5,000 varieties of seed 
from all parts of the earth, and a reasonable percentage of accidents will occur 
in that, as in every other industry, in si)ite of all honest intent, iiurposes. and 
effort. Yet without qualification and discrimination the proposed bill makes the 
accidental or unintentional violator of the law a criminal and liable to heavy 
penalty. 

A careful consideration of this branch of the proposed bill will, I am ecu- 
'vinced, persuade your lionorable committee to amend the proposed bill in that 
regard. 

As to percentage of germination : Seeds can not be Judged by their appear- 
ance; they are not a manufactured product and not made to order, and tlie seeds- 
man must depend upon the fruits of the earth liringing forth seeds of its own 
kind. Weather conditions and the soil and the nature thereof are all important 
factors. Take cabbage, for example. It requires two years to produce seed 
from seed, and sliould the season prove unfavorable, tlie seed produced would 
probably be weak, of a low germinating power, but the product might represent 
the finest strain and the purest tyi)e of cal)bage, tpiality as against quantity. 
This condition could not be foreseen when the seed was first sown, and man had 
really nothing to do witli the result. Yet selling this seed of low germinating 
power would yield to the farmer (JO per cent or 05 per cent of a higher class, 
and consequently a higher-priced seed than anotlier and inferior strain which 
would yield 90 i)er cent or 95 per cent. What is lost in quantity is more than 
counterbalanced by quality and resultant value. 

And tlie foregoing is equally true of everything else of the vegetable king- 
dom. 

Much stress is laid in the proposed bill on the subject of grass seed and 
clover. It takes 30 to 40 days for a complete test of germination. Grass seed 
gets mixed in spite of anything and everything you can do. Kentucky blue 
grass and Canada blue grass may spring up and grow together, and are almost 
inseparable. Few can tell from an eX!'min>tion of the seed which is Kentucky 
and which Canada. Only a scientilic test or a seson's growth will demon- 
strate what proportion of each there may be. Consider for a moment what tliis 
would mean and how it would increase the cost of the seed. Clearly, the grower 
might better have a mixed crop, which he could dispose of at a profit, than to 
have an absolutely pure 98 per cent seed at the cost of purity, if it were prac- 
ticable to get that degree of purity. I say, confidently, such percentage of 
purity is well nigh ini](0ssible. This is equally true of clover. Your honorable 
committee will give due heed to and will w^eigh carefully all the facts that will 
be presented to it, in so far as they are entitled to consideration. 

Bear in mind also that the seedsman is not the greatest sinner above all 
other sinners. The majority are honest and reputable men. This statement 
will apply to the farmer as w'ell. If it is a possible thing to postpone final 
action on the bill. I am sure " out of the season of seedsmen " much helpful 
information could be furnished your honorable committee upon which a true 
bill could be found, and would accomplisli all tliat is desired by the proposed 
legislation. 

Yours, very respectfully. 

President of J. M. Thoihuni it Co., 33 Barclay street,^ 
A'ew York City, and President of Wholesale Seedsmen's League. 



46 ADULTERA.TED AND MISBBANDED SEED. 

Mr. Mann. Will Thorburn & Co. say that they can riot produce 
seeds 98 per cent pure? 

Mr. Wood. Mr. Bru<>:g:erhof has been in the business for fifty years. 
He is reofarded as almost the dean of the seed trade, and we all look 
up to him and respect him very highly, and regard his statements as 
of the greatest weight. 

Mr. Mann. Do 3^ou indorse the statement that Thorburn & Co. 
can produce no seed 98 per cent pure? 

Mr. Wood. Do you mean that they can not clean them up to 98 per 
cent? 

Ml'. Mann. I mean Avhat he says in that letter, that it is not possi- 
ble to have seed 98 per cent pure. 

Mr. Wood. What kind of seeds ? 

Mr. Mann. He did not say what kind of seeds; he said " seeds." 

Mr. Wood. They can not do it until after they are cleaned. They 
can probably clean them up to 98 per cent purity. 

Mr. Mann. Do you indorse the statement that because nature pro- 
duces seeds not pure, therefore there is to be no such thing as having 
seeds guaranteed to be pure? 

Mr. Wood. I do not understand the question. 

Mr. Mann. The letter says that because nature produces seed, 
therefore it is not a manufactui'ed product, and therefore there should 
be no giiaranty as to the purity of the seed beyond what nature pro- 
vides. Do you indorse that statement? 

Mr. Wood. I do not understand. 

Mr. Mann. Do you indorse the statement that there shall be no 
purity of seed beyond what nature produces? 

Mr. Wood. Cei-tainly there ought not to be any requirement be- 
yond what nature produces. 

Mr. Mann. Ver-y well; I have some samples here of red clover 
seed at $10 per 100 pounds; gerniinati(m 18 per cent. Nature pro- 
duced it. You indorse the doctrine that a man can indorse that as 
red clover seed? 

Mr. Wood. Not without considering something in regard to ger- 
mination. 

Mr. INIann. Then you want to take back something of what you said 
about nature producing it, and therefore there should be no further 
requirement. Nature produced that. Every one of these seeds were 
produced by nature | indicating samples]. You can not manufacture 
red clover seed, so far as I know. I know they manufacture butter, 
but I confess I have never heard that they manufacture clover seed 
or alfalfa seed. Here is a sample of alfalfa seed produced by nature. 

Mr. Wood. Yes. 

Mr. Mann. That is quoted at $6 a hundred pounds. Do j^ou think 
that men should be permitted to sell that as alfalfa seed? 

Mr. Wood. What is the germination? 

Mr. Mann. The germination is not marked on there. 

Mr. Wood. You say imported alfalfa seed at $6 a hundred pounds? 

Mr. Mann. Yes. 

Mr. Wood. But you do not say anything about the (juality. 

Mr. Mann. W^hat do you think about the quality? That is pro- 
duced by nature. On the statement I make, do you think anybody 
should be alloAved to sell it as alfalfa seed? 

Mr. Wood. If it is "-ood alfalfa seed. 



ADULTERATED AND MISBRANDED SEED. 47 

Mr. IVIann. Then you think alfalfa seed imported at $6 a hundred 
pounds can properly be sold as alfalfa seed? 

Mr. Wood. I have seen alfalfa seed at a very low price. Six dollars 
a hundred pounds now would be a very low price. 

Mr. Mann. I just wanted your judgment of it. 

Mr. Richardson. What is the price of alfalfa seed? 

Mr. Wood. About $10 a bushel. I have seen it as low as $6 or $7. 

Mr. Mann. That is the price of alfalfa seed pure, as produced by 
nature, but not the price of this kind of alfalfa seed, although it is 
also produced by nature. In other words, I want to call your atten- 
tion to the absurdity of the statement constantly reiterated by the 
seedsmen that because a thing is produced by nature, therefore they 
can be allowed to sell it for anything they please. It is ridiculous. 

Mr. Wood. The seedsmen improve and bring uj^ the quality of 
these seeds. They take them and clean them up and take out the 
weed seeds and get them up to a higher grade. 

Mr. Mann. Then they change the way nature produces them. 

Mr. Wood. But, Mr. Mann, you would not have the farmer go and 
simply cut the heads oif the plants and sell them that way ? 

Mr. Mann. I would not say that because nature produces a thing, 
therefore it is correct. We do not permit a man to sell milk simply 
because he draws it from a cow's teat. It is no defense against a 
prosecution for selling milk which is under the standard that a man 
has milked it from a cow. Plenty of cows will not give milk up to 
standard. 

Mr. Wood. Yes. The main idea of this is, of course, that the nat- 
ural conditions ought to be considered through this pure-seed law. 
In the pure-food law you have a manufacturecl product, and you can 
make it almost anything you like; but in the pure-seed law you 
frequently can not do it. 

Mr. Mann. You can not change the quality of peaches when you 
can them. 

Mr. Wood. You can change the quality by canning them. 

Mr. Mann. You can change the quality of peaches by canning 
them ? 

Mr. Wood. In the processes or methods which you use. 

Mr. Mann. You assume that if a man uses a bad process and gets 
bad results, he can change his process; but you can make a great 
many more changes in cleaning seeds than in canning peaches. 

Mr. Wood. You can not, unless you put them through some process 
of heating or sweating them. 

Mr. Mann. Your statement is that you sell seeds the way that 
nature produces them. If you took them as nature produces them, 
there could be no possible complaint, but you do not do that. No 
seedsman does it. It is from the necessities of the case. You can 
not afford to do differently. I am not criticising the way you do 
business. 

Mr. Wood. Yes. I also wanted to call your attention to section 6. 
It seems to me that this clause ought to be more definitely stated, and 
that seeds imported into this country ought to be inspected at the 
port of entry, and if they are apparently adulterated or of inferior 
quality or contain injurious seeds, then a bond ought to be required; 
but I think they should be passed upon at the time, and I think the 
bill should provide that. Another thing, I think the bill should pro- 



48 ADULTERATED AND MISBRANDED SEED. 

vide that reports should be made to the seedsman within a reasonable 
time in case they are of inferior quality, so that the seedsman will 
know whether he is safe in selling those seeds beyond that time or 
not. I do not think it is the intent of the bill to require a l^ond on 
all seeds brouo-ht into the country, but under a strict construction of 
the law I believe some Secretaries of the Treasury mioht rule that 
they had no right to release seeds under this law until they were 
passed upon by the Secretary of Agriculture. 

Mr. Mann. The pure-food law and the laws that Avere enacted 
before the pure-food law are on identically the same lines. If you 
have a hiAvyer who has made that assumption it is a lawyer who has 
not studied the law. 

Mr. Wood. I think they might look at seeds in a different way; 
that they could not tell without a critical or careful examination. 

Mr. Mann. But the Treasury has not any such authority. 

Mr. Woon. It seemed to me that that law might be applied in that 
Avay. and it looked to us as though it ought to be more definitely 
stated in that respect. 

Mr. Hubbard. What woidd be a reasonable time after the exami- 
nation within which to give notice to the importer? 

Mr. Wood. Very often in the height of the season we cable over for 
certain seeds. We want them to supply our customers. For instance, 
we need some crimson clover, which we sell very largely, and if we 
have to wait even ten days or two weeks for a report on those seeds 
it means that we are keeping the customers out of sowing seeds and 
we are throwing them late, and it is likely to work a hardship if the 
seeds are lield up ; and there certainly should be a provision for 
prompt rei)orts on the seeds held up or that might be deemed 
injurious. 

Mr. Mann. Of course you have given no consideration to this 
subject except in the dissection of the bill? 

Mr. Wood. I have tried to. 

Mr. Mann. Except in the dissection of the bill? 

Mr. Wood. Yes. 

Mr. Mann. You are not acquainted with the custom of the Treas- 
ury Department in reference to similar provisions as to other things. 
Wiiat would be the effect of that suggestion? Under this bill no 
seed would be held except where the Secretary of Agriculture asked 
it to be held. Of course he might require that every entry be held 
up pending his inspection, but that would be very unreasonable. 
Sui^posing you put in a provision requiring him to decide, in case 
he does hold up something that he thinks is suspicious, within a 
certain time. Suppose the Secretary of Agriculture is led to believe 
that here are some seeds that ought to be examined, and he holds 
them up, and you require him to decide it within a certain length 
of time. It is the seedsman that wants to be heard. The delay 
will not come from the Secretary of Agriculture; the delay will 
come from the seedsman. Within a certain length of time the Sec- 
retary has got to decide it. Wliat will he .decide? Invariably he 
will decide that the seed goes back. Being required to decide it, he 
decides it in favor of the Government and adversely to the seedsman. 

Mr. Wood. Will the ins})ectors make examination of these seeds 
immediately after they come into the port of New York? 

Mr. Mann. Certainlv. 



ADULTERATED AND MISBEANDED SEED. 49 

Mr. Wood. They would pass upon them riirht then and there? 

Mr. Mann. Most of the seeds Avould be passed upon by looking 
at them, and the examination there. On seed that was doubtful and 
of suspicious importation they might require more time. 

Mr. Wood. 'Why could not the law state that specifically, rather 
than leave it in the indefinite way it is? Why should not the law 
state that the seeds should be passed upon by the inspector, and seeds 
that he has occasion to suspect will be held for further examination? 

Mr. Mann. The law i^ractically states that. You want to take up 
just one detail that occurs to 3"ou. Other details would occur to 
different people. 

Mr. Wood. Section 6 provides: 

That the Secretary of the Treasury may deliver to the r-onsjgnee such seed 
or bulbs, pending examination and decision in the matter. 

The Secretary of the Treasury may say : "' I will not take any 
responsibility in the matter, but I will require the Secretary of Agri- 
culture to pass upon all these seeds before he delivers them.'" 

Mr. Mann. That is not the case at all. That is pending examina- 
tion and decision, and that question can o'jly arise where the Secre- 
tary of Agriculture would ask for a sample of the seeds, and the 
matter has not yet been decided. That is a perfectly well-defined 
construction. There is no possible question as to what it means. 

Mr. Wood. As I understand, the Secretary of Agriculture is ex- 
pected to try samples, or has the right to, from all importations. 

Mr. Mann. He has a right to. 

]\Ir. Wood. This does not require him to do that ? 

Mr. ]\Iann. Certainly not. The law throw's no burden upon him 
of examining samples of all foods, drinks, or liquors. There is no 
pretense or expectation that it would be done at all. 

]Mr. Wood. A good many who have read this have taken it up on 
that particular thing. I think I asked Mr. Brown if he Avould not, 
under this law, have to draw samples of all seeds. Is not that your 
understanding of this law? 

Mr. Mann. If he thought that, after having read the section, he 
is not familiar with the construction placed on this language by the 
Department probably. When this section Avas originally put in the 
Agricultural appropriation bill as to foods and liquors, it was in 
the Agricultural appropriation bill for a number of years, and when 
the pure-food bill was passed through the committee I took the mat- 
ter up with the Agricultural Department and with the Treasury 
Department, and the Treasury Department officials made an ex- 
haustive examination of the subject and practically this same pro- 
vision applied to foods and drugs, which are far more varied than 
seeds, was put into the pure food and drugs act. and it works with- 
out any friction to speak of. 

Mr. Hubbard. It is plain, is it not, that the Secretary of the Treas- 
ury would only act when requested by the Secretary "f Agriculture? 
It is perfectly plain, is it not? 

Mr, Mann. That is what it says, and that is the construction that 
has been put upon it. 

Mr. Wood. I did not understand it that way. 

Mr. Hubbard. Read the first two lines of the section. 
.30979—08 4 



50 ADULTERATED AND MISBRANDED SEED. 

Mr. Wood. It reads: 

That the Secretary of the Treasury shall deliver to the Secretary of Agri- 
culture, upon his request, from time to time. 

Mr. Hubbard. He would not do aiwthing until he was requested, 
would he? 

Mr. Wood. No ; but they have been drawing samples of all grass 
and clover seeds imported into the country, lately, and now you art 
intending it to apply to flower and vegetable seeds. 

Mr. Manx. They have been taking samples of certain seeds that 
have been imported into this country because of the rottenness that 
has been groAving up in the trade. I do not know whether any of 
you participated in it, but you knew all about it. 

Mr. Wood. We certainly did not. 

Mr. Mann. An absolutely rotten condition in the trade. 

Mr. Wood. That is a very small percentage of the trade. 

Mr. Mann. I am not finding fault with the trade, you under- 
stand — with the gentlemen here. 

Mr. TowNSEND. Right there is a point I am interested in, \^Tiat 
percentage of the trade; can you tell anything about that? 

Mr. Wood. I can not; but I am quite sure it is a very small per- 
centage of the trade. 

Mr. Hubbard. Do you mean what percentage of the dealers or what 
percentage of the goods handled ? 

Mr. Townsend. What percentage of the goods handled. What I 
am getting at is whether there is a demand for this legislation. 

Mr. Mann. There is not from the seed houses. 

Mr. Vaughan. I deny that. 

Mr. Townsend. I assume that a reputable seed house would be de- 
manding decency in the handling of seeds. 

Mr. Wood. Yes, sir; and we would like very much indeed to have 
you have a practical seed law. We will help you to frame a good 
seed law that will prevent this adulteration and dishonesty that has 
existed in a very small portion of the trade. I believe that the seed 
trade as a whole stands as high as any class in the community. You 
will find rascals in every class and in every trade, and I believe that 
the seed trade ranks as high as any class in the country. It is simply 
to correct those abuses, as I understand, that you want to pass this 
law, and I will tell you right now that the legitimate seedsmen are 
with you,^ heart and soul, to make a practicable law. We will help 
you any time. 

Mr. Townsend. How long could a house endure that was sending 
out seed that was not up to the label or trade-mark? 

Mr. Wood. That is a ver}^ hard question to answer. Mr. Green 
has testified that seedsmen get about three-fourths of their trade from 
old customers who order from us year after year. Any seed house 
that was built up on making its trade all the time from new cus- 
tomers would soon come to grief. The expense of getting new trade 
is too much to sustain a house under ordinary circumstances. And 
another thing, its reputation soon spreads, and it generally becomes 
knoAvn that that house is not reputable or reliable, and people fight 
shy of it. 

Mr. Townsend. Does most of the trouble from adulterated seeds 
or seeds that are not up to standard arise out of the foreign trade or 
out of the domestic trade? 



ADULTERATED AND MISBRANDED SEED. 51 

Mr. Wood. I think most of it arises out of the foreign importations. 
I will tell you there has been a good deal of trouble the last few years 
with Kentucky blue grass and red clover, due to the short crops in 
this country and the abnormally high prices which have prevailed for 
the seeds. That, of course, has proved a great temptation to unscru- 
pulous dealers to adulterate these seeds, because the margin of profit 
was very large. The indications are at the present time, the best 
indications, for as good a crop of clover as we have ever had. If we 
get a good crop of clover, this country will export probably as high 
as 10,000 bags of clover to Europe and other countries. You will 
hear nothing of the importation of the low-grade clover from Eu- 
rope. The same thing applies with Kentucky blue grass. The con- 
dition in the last few years has been abnormal in regard to those 
grasses. 

Mr. Mann. You say they can not afford to bring it here. For how 
long a time past has that condition prevailed ? 

Mr. White. The last three or four years it has been very high. 

Mr. Mann. For how long a time past could they not afford to bring 
it here ? 

Mr. Wood. Six or seven years ago, I think, the price was very low, 
and I do not think 

Mr. Mann. Thej' could afford to bring it here during the past six 
or seven years? 

Mr. AYooD. During the past two or three years before that. 

Mr. Mann. Was the price low before that? 

Mr. Wood. I say there was a great abuse existing during the last two 
or three years in that seed. I want to say another tiling, that the peo- 
ple to-day are demanding higher grade seeds than they ever did. Ask 
any large dealer in field seeds and he will tell you that we have 
trouble in disposing of low-grade seeds. The time used to be when 
the farmers would buy second grade or prime or fair, as they were 
classed on the market, at a little lower price than the highest grade 
seeds. There was a relatively small demand for the highest grade 
seeds. To-day the demand is largest for the highest grade seeds, 
and the cheapest grades can not be sold except at considerable reduc- 
tions. They are hard to sell at any price. That is because people 
who handle the seeds pay more attention to the highest grade seeds, 
and the public sentiment is getting around to-day to demand those 
seeds. 

Mr. Mann. That is the reason this bill is here. 

Mr. Wood. I do not know that that is the reason the bill is here, 
because there is 'a demand for high-grade seeds. I believe that people 
are becoming educated. I have had people come around to me and 
want to buy cleanings for waste land. They were glad to get some- 
thing cheap. 

Mr. TowNSEND. Do you come in contact with these disreputable 
dealers ? 

Mr. Wood. We get their samples at different times, offering low 
prices and things in that way. I will state that we have never in all 
my experience, and I have been in the seed business for twenty-five 
years, knowingly adulterated 1 ounce of seed in our establishment. 

Mr, Mann. We have collected a large number of flower and vege- 
table seeds, and other seeds, a great many packages in a packet, and 
have had very careful examinations made of those. Do you think 



52 ADULTEBATED AND MISBRANDED SEED. 

there AvonkI be any objection on the part of the seed houses if we 
pnblished vhe names and the results of those investigations? 

Mr. Woon. Tt ought to be very carefully investigated before any 
publication is made. 

Mr. ^Iann. It has been very carefully investigated. 

Mr. Wood. I know of instances which happened under the previous 
I'eports from the Department, where great injustice was done to the 
seedsman in (Question. I am not speaking particularly of this last re- 
port. Of course, there was one error made in the last report. But I 
tell you if you bhist the reputation of an honorable, high-toned house, 
you perform an act that is almost 

Mr. Mann. Who blasts the reputation of the honorable, high-toned 
house, the man who sells seeds that will not grow or the man who 
discloses that fact ? 

Mr. Wood. I know, but I am saying if it was done by mistake, or 
some other way. I knoAv of one instance in the last report where an 
error was mode in regard to one of the oldest and most reputable 
houses in this coiiutry. A_n order was sent to them for seeds which 
they did not catalogue and did not handle. Tliey sent out and 
bought a small quantity of that seed to fill the order. It happened 
that the seed they bought contained 3 per cent of adulterants. The 
name of that firm was reported in that list which was sent out by the 
Department. 

Mr. Mann. They can make their explanation of that. 

Mr. Wood. Yes; but the name was published and the list was sent 
broadcast throughout the land and w'as published in the Crop Re- 
porter and in agricultural papers. 

Mr. Mann. Do you think there would be any objection on the part 
of the seedsmen if we should publish a list of those seed houses from 
whom we purchased seeds that would not germinate at all, which 
had no germinating seed in any of the packets ? 

Mr. Wood. I think that is a right serious thing. I do not think 
any reputable seed house would send out seeds of that character. 

Mr. Mann. Then there should be no objection on the part of the 
seed houses if we publish those names. 

Mr. Wood. They ought to be very careful to investigate the thing 
to see if it Mas knowingly or willfidly done. 

Mr. Mann. We have no way of knowing whether it was willfully 
done or not, except that we buy the packages of seeds. We can not 
go behind that and ascertain how they were put up. Do you think 
it would be any injustice to publish the results of this examination 
which we have made? 

Mr. Wood. Not if they did it as a general thing. If it was an ex- 
ceptional thing, there might be. There are instances Avhere j^ou 
might send out seeds that would germinate all right to-day, and three 
months from now they may lose their germination. That is a well- 
known thing. 

Mr. Hubbard. When these investigations are made, are the results 
made known to the houses furnishing the seeds before the publication 
is made, so that they may have an opportunity to exj^lain? 

Mr. Mann. As to this examination I am speaking of there has 
been no publication at all in the way of the names of houses. 

Mr. Hubbard. AVliat publication are you speaking of ? 



ADULTEKATED AND MISBRANDED SEED. 58 

Mr. Wood. I am speaking of the names published by the Depart- 
ment of Agriculture on the Kentucky blue-grass seed. 

Mr. Majsx. What is the use of giving them notice? 

Mr. Ht BBARD. To give them an opportunity to make the explana- 
tion which Mr. Wood speaks of. 

Mr. Wood. In the last report X. J. Burr & Co. were published. 
That was an entire mistake, and they have had to send out letters 
saying that it was a mistake. 

Mr. Hubbard. Then jou mean, as a matter of fact, there is no op- 
portunity furnished these houses to explain or deny ? 

Mr. Wood. We never had any occasion to be reported, and none of 
our seeds have ever been found fault with. I would like Mr. Brown 
to answer that, whether they ha^ e an opportunity to explain. 

Mr. Brown. We have not had in these later reports. 

Mr. Hubbard. Did they have before? 

Mr. Brown. They did have, in reference to the first one, I believe. 

Mr. ]Mann. The Department, at mj- request, undertook to collect, 
and did collect, a large number of samples of flower and garden vege- 
table seeds which you people say ought not to be included in this bill, 
and I tliink the result of the tests made would surprise a good many 
of you if we Avould make public the names. We have not yet done 
that, because we desire to do no injustice to the seed trade. 

Mr. Wood. As I understand it, these samples were collected very 
largely from grocery stores and from boxes sold through the country; 
is not that a fact? 

Mr. Makn. They were collected in different ways, 

Mr. Wood. If a merchant buys these seeds, he may hold them over 
to sell another year. We ourselves put the date on the package, but 
that is not the case with most of the seedsmen, and a merchant might 
hold seeds in his store for two or three years and then sell them in 
those packages, and in that way of course 3^ou might do a seedsman 
serious injustice if you reported him. I will tell you another thing. 
In the city of Eichmond there are some 5 and 10 cent stores. They 
have had large quantities of flower seed exposed, 10 packages for 5 
cents. Some of those had, I tliink, only a half dozen seeds in them of 
sweet peas, or something of that kind. Those packages have very 
highly colored packets, and the name of the party who got them up is 
not on the back at all. When people go in and buy 10 packages of 
flower seed for 5 cents, they know, or ought to know, that they can 
not expect any thing extra in regard to either quantity or quality. 

Mr. Mann. Everybody is not as well posted about seeds as you are, 

ISIr. Wood. Everybody knows, when thev buy anything very cheap, 
they certainly do not expect to get anything extra. That is univer- 
sally known. It is human everywhere. 

Mr. Mann. You would not say that a while ago when I showed 
3'ou some $6 clover seed, 

Mr. Wood, I beg your pardon; I did sav something about it. 

Mr. Mann. No. 

Mr Wood. Suppose you read over what I said about it. 

Mr, Mann. The record will show what I say now, 

Mr, Wood. Anyone who buys $6 alfalfa seed wiien it is selling at 
$15 must know that there is something very peculiar about it that 
makes it sell at that low price. The price itself would be an intima- 
tion of low quality. 



54 ADULTERATED AND MISBRANDED SEED. 

Mr, TowNSEND. Has anybody had anything to say as to some of 
the provisions of this bill — page 4 of the bill, the first paragraph 
under section 4? 

Mr. Wood. That reads : 

First. When one kind or distinguishable named variety of seed or bulbs shall 
be offered for sale under the name of another kind or distinguishable named 
variety of seed or bulbs. 

Mr. Towinsend. Yes. 

Mr. Wood. I do not think there has been anything special brought 
out about that. 

Mr. Mann. The}- have proposed an amendment to that. 

Mr. Wood. I would like someone to read the amendment. 

Mr. ToAVNSEND. If it is in the record I will not ask you to stop on 
my account. 

Mr. Wood. That point is a serious point. 

Mr. TowNSEND. It struck me that way. There are tAvo or three 
matters here I do not imderstand. My attention has been called to it 
lately. I do not think any member of the committee wants to pass a 
law that will make criminals out of men who have no intention of 
committing an offense. 

Mr. Wood. That is the point. 

Mr. TowNSEND. Or, what is more, to make criminals out of them 
for doing things they can not help doing sometimes; and from the 
natural interpretation of that as it has been presented to me, it would 
seem to me as though that would mean that you must know for sure 
whether you are selling one variety of red clover seed for another 
variety of red clover seed. 

Mr. Wood. It is not in our power to know that in regard to Mam- 
moth clover, for instance. 

Mr. Mann. Then jou ought not to sell it for Monmouth clover if 
you do not know it. 

Mr. Wood. We publish in our catalogue that owing to the simi- 
larity of these seed we do not givQ any warranty about them. 

Mr. Mann. But you do not give any warranty about any seed. 

Mr. Wood. We use every precaution to provide these seed from 
the districts where they were grown, but we do not give a guaranty. 

Mr. Town SEND. Is it possible for a wholesale dealer in seeds to 
know positively what seed he buys? If he looks at it and it looks 
like clover seed at all, is there any way for him to protect himself, ex- 
cept not to buy any clover seed ? 

Mr. Wood. Xo, sir. The seeds are brought in by the fanners in 
the growing districts to the local dealers, as a ride. 

Mr. Mann. Is there a guaranty in this bill that enables him to pro- 
tect himself absolutely from that? 

Mr. Wood. But the seeds have got to be cleaned. Having a 
guaranty 

Mr. Mann. You could take a guaranty from the farmer absolutely 
protecting you. Now, who ought to take the guaranty, the seedsman 
or the purchaser who knows nothing about it ? 

Mr. Wood. The farmer as a rule has confidence in the seedsman, 
that the seedsman is going to use all reasonable care to supply the 
seeds as he sells them. We procure the Mammoth clover from the 
groAving districts so as to reduce as much as possible any chance of 
manipulation. We use all reasonable care, but we Could not and 



ADULTEEATED AND MISBKANDED SEED. 55 

"would not give any guaranty in regard to the Mammoth clover. I 
have handled that seed now for twenty years, and I do not remember 
a single complaint from one customer that the seed did not turn out 
Mammoth. We would have been perfectly safe, as a matter of fact, 
in giving a guaranty; and yet we might strike a season where the 
farmer might represent, on account of higher price, another clover 
as Mammoth clover, and might put us into a serious predicament, 
In this matter I know that there has happened some considerable 
trouble in that respect. When Mammoth clover, as it frequently 
does, sells at a higher price, some parties represent other seed as 
Mammoth, and it is sold in that way. That happens in some in- 
stances. I do not believe it is practicable for a seedsman to warrant 
seeds. He can not follow the seeds from the time they are grown and 
saved until they are delivered to the customers. 

Another thing, you may grow crops of melons, and they may be- 
come mixed or h^'bridized with other melons, and while you can 
save the seed out of true melons, they may and Avill bring hybrids 
and sports, and it is an impossibility to guarantee things to come true 
in that way where there is a chance of mixing. Corn Avill mix in 
that way a quarter or half a mile across a field, from one farmer's 
corn field to another, sometimes, and there is nothing to show until 
the second crop is planted. 

Mr. Mann. Is there anything else ? 

Mr. Wood. No ; I do not think so. I thank you very much. 

STATEMENT OF MR. WALTER P. STOKES, OF PHILADELPHIA, PA. 

Mr. Stokes. Mr. Chairman and gentlemen. I was to take up the 
vegetable-seed department of this bill. I do not pretend to be a grass- 
seed dealer, although I sell them at retail, but my business is almost 
exclusively in vegetable seeds, and I think there are A^ery goodl^easons 
why all mention of vegetable and flower seeds and bulbs should bfe 
omitted from this bill entirely. There are so many contingencies that 
apply to vegetable seeds that do not apply to grass and field seeds, 
which we have been discussing here to-day. In the first place, you 
can not distingtiish in vegetable seeds one variet}' from another. You 
can tell white clover from crimson and red clover, but you can not 
tell one variety of radish seed from another variety of radish seed, 
and you can not tell cauliflower seed from cabbage seed, and there are 
some varieties of turnip seed that look almost exactly like it. There 
are only a few seeds of beans, a few seeds of peas, and perhaps a few 
of sugar corn, in which one variety of peas or beans or sugar corn 
can be told from another variety. But in nearly all the rest of the 
flower and vegetable seeds the varieties that we list in our catalogues 
can not be told 'one from the other: so that I think the endeavor iX> 
bring the vegetable-seed department under this bill would be a mis- 
take. I have been working along these lines for a great many years, 
and I have never known a case where a man bought turnip seed and 
found there was cauliflower in his package. 

Mr. Mann. And I guess you never will. 

Mr. Stokes. Or where he bought catiliflower seed and found turnip 
seed in his packet. 

Mr. Mann. I have. 

Mr. Stokes. You have found turnip seed in caitliflower packets? 



56 ADULTERATED AND MISBRANDED SEED. 

Mr. Manx. Yes; I have. 

Mr. Stokes. I never have found it in my experience in twenty-five 
years, although such accidents may occur. I had one to happen only 
last spring and I am perfectly willing to relate it, simply to show how 
a seedsman who wants to do what is right by his customer does do. I 
had a very valuable customer, a truck farmer, who buys liberally of 
me and for ten years has been a good customer. He came in to me 
one day last spring and held up a little plant and asked me what that 
was, I told him that it looked a little like kale, and he said, " I 
bought it of you for cabbage. He bought a quarter of a pound of 
cabbage seed, and in some unimaginable manner he had gotten the 
wrong seed. He sowed his ten or fifteen or twenty sash in what was 
supposed to be cabbage seed and it came up kale. I could not explain 
it any more than why one tree is struck by lightning instead of an- 
other-. I ask him how many thousand plants he thought he ought to 
raise in those sash, and he said he thought about 25,000, and I said, 
" I will supply you with 25,000 cabbage plants." I think that nine- 
tenths of the reputable seed houses would have done the same. That 
man would not listen to my giving him 25,000 cabbage plants. He 
said, "No, sir;, you give me 5,000 and I will be entirely satisfied." 
And there is not a seedsman in this room who can take away that 
customer from me to-day. I believe that is the attitude of the seeds- 
men toward their customers, and it is that spirit that will, I believe, 
take care of the vegetable-seed trade. We have been doing it along 
these lines for a good many years and, I believe, will continue to do 
it, and I believe there is a stronger feeling in the seedsmen's minds 
to-day to furnish good stuff and take care of their customers than at 
any time in the history of the trade. They have got to do it. The 
good houses are" doing it. and the others have to do it to keep up with 
the proc^ession. 

In the matter of the germination of vegetable seeds, that is a ques- 
tion that requires expert knowledge of the business. In the year 1906 
the crop of cabbage seed on Long Island was a very bad one. Weather 
conditions at the time cabbage was maturing were such that the 
cabbage seed did not properly mature. The best sample you could 
get of Long Island grown cabbage seed would not give over 60 to 65 
per cent of germination. You could buy imported seeds, perhaps, 
that same year tbat would have given 98 per cent germination ; yet 
to the practical planter the 05 per cent germination of cabbage seed 
grown on Long Island was worth ten times the 98 per cent English 
cabbage seed that would be imported. So you can not establish, one 
year for another, what the germination test should be for a fine grade 
of seed. This past year the same thing occurred in eggplant seed. 
You could not get a good sample. It did not mature ; it was not to 
be had. 

Mr. TowNSEND. I suppose the treatment of seed after you sell it 
has something to do with the germination, also? 

Mr. Stokes. Yes; a great deal. Occasionally, where a seed has not 
properly matured it is light in weight, and with a strong blast on a 
fan you can blow" some of it out. 

Mr. TowNSEXD. I am referring to seed that was all right, and 
which might have been 90 per cent when you sold it. Would the 
treatment after you sold it, and before it was actually sown, have 
anything to do with the germination of it? 



ADULTERATED AXD MISBKANDED SEED. 57 

Mr. Stokes. Not very mucli. Of course, too much heat or cold 
might affect it, but not undei' ordinary circumstances. Ao-e would 
decrease its value, of course. But many seeds are quite curious in 
respect to ao-e. Cucumber seed five years old will give you more fruit 
than seed that is harvested fresh that year. That is simph^ because 
there is such a tremendous impetus to grow to vine with the new seed. 

Mr. TowNSEND. I thought the moon had something to do with that. 

Mr. Stokes. It does, in some people's minds. Another thing. Take 
the seed of Grand Kapids lettuce. Seed that is harvested in Sep- 
tember or October, giving you a poor germination in November and 
December; yet that same seed sown in March will grow well, showing 
good germination. It seems as though it requires a certain length of 
time to ripen after it is harvested. So any arbitrary germination 
test that you ma}^ make would not apply, practically. Did you ever 
have any experience of that kind, Mr. Mann? 

Mr. Ma:\n. Yes, lots of stuff does not ripen; the pods do not 
ripen. But that is no excuse for selling Grand Rapids lettuce in 
November that will not grow, for planting in November, is it ? 

Mr. Stokes. Yes; you might put up seed that was harvested in 
September, and that is perfectly fresh seed — the best seed you can 
get — and it might give a ]ioor germination in November, and yet 
by January or February it would be all right. 

Mr. Mann. A man who buys seed to plant buys them because he 
expects them to grow. It is very little satisfaction to a man to have 
them so that they would grow a year afterwards. 

Mr. Stokes. I just instanced that case as one of the difficult cases 
that come up to the seedsman, and that are liable to happen some- 
times when he is doing the very l)est he can. And I say there should 
be no penalty in a case of that kind. 

Mr. Mann. There is no penalty as to that, although I am not so 
sure but there ought to be. 

Mr. Stokes. Then we will have to change the laws of nature in 
some way. 

Mr. Mann. Not at all. 

Mr. Stokes. In order to make this thing proper for seedsmen ? 

Mr. Mann. There would not be the slightest trouble in getting 
Grand Rapids lettuce to grow in November. 

Mr. Stokes. You couhl carry them over from the year before, per- 
haps. 

Mr. Mann. Not the slightest difficulty. 

Mr. Stokes. Then you would run the risk of its deteriorating in 
the other direction. 

Mr. Mann. No; you do not run any risk at all, if it is Grand 
Rapids lettuce seed that has been taken care of. 

Mr. Stokes. Another matter in regard to a question that was 
asked of Mr. Wood, in regard to publishing the names of those from 
whom seeds of poor germination had been purchased. I think that 
the Department should be careful to see that those samples which it 
takes are purchased direct from the houses themselves, and are not 
picked up from boxes around here and there in the country. 

Mr. Mann. Is it any satisfaction to the man who buys the seed 
from one of these houses in the country to know that — — 

Mr, Stokes. You want to buy from the reliable houses, and not 
pick up your seeds in corner grocery shops. I do not think it is fair 



58 ADULTERATED AND MISBEANDED SEED. 

for the Department to go around to the corner (rrocery shops and 
pick up seeds for these tests. 

Mr. Mann. If you send the seeds around to the corner grocery 
shops to be sold, if a maii complains that buys seeds at that place 
when he buys seeds that will not grow 

Mr. Stoives. He should complain lo the grocer, and not fall back 
on the seedsman. 

Mr. Mann. What good does it do to complain to the grocer unless 
there is some law on the subject? 

Mr. Stokes. The grocer tRen sliould be compelled to buy fresh 
seeds everj" year from the seedsman. I do not wish to take up any 
further time on this subject. 

Mr. Green. I would like to introduce Mr. Jerome B. Rice, of the 
firm of Jerome B. Rice & Co., of Cambridge, N. Y. 

STATEMENT OF MR. JEROME B. RICE. 

Mr. Rice. I do not know that I can add anything to the talk that 
is being carried on here to-day. I am a grower of peas and beans 
and garden seeds generally, groAving peas «nd beans largely, in the 
States of Wisconsin and Michigan, and I have built up a large 
business from a small beginning, and have tried to do business on 
sensible lines and produce as good seed as I was able to, realizing that 
if I did otherwise I could not supply the trade to their satisfaction 
and could not hold the trade. I am more directly interested in peas 
and beans than I am in garden seeds generally, and knoAv more about 
those crops. As a rule, we have but little trouble about the vitality of 
our seeds or about the maturity of our seeds. I think, perhaps, less 
so than we do with other kinds of the so-called garden seeds. 

Mr. Mann. You make a special effort, I suppose, to raise seeds 
true to varieties and names? 

Mr. Rice. Yes, sir. 

Mr. Mann. Do you have any difficulty in doing that ? 

Mr. Rice. Yes; we have difficulty. 

Mr. Mann. Do you overcome that difficulty? 

Mr. Rice. We do the best we can toward it. We come pretty near 
overcoming it, so that the product is satisfactory to the planters. 

Mr. Mann. You are able to overcome the difficulties in raising 
true varieties of peas and beans to the extent that you can furnish 
practically seeds true to the varieties and the conditions? 

Mr. Rice. Yes. 

Mr. TowNSEND. Have ^^ou read this bill ? 

Mr. Rice. Not entirely. I have not given that bill careful con- 
sideration and reading, as much so as I should have done. 

Mr. Toavnsend. Do j-ou know any part of it that you can tell how 
it is going to affect you? 

Mr. Rice. I do not know. I suppose, perhaps, on the general lines, 
in a general waj^, it would affect me the same as it would the rest 
of the seed trade, because while I am not a grower of all kinds of 
seeds I am dealing in almost all kinds of garden seeds. I do not deal 
in field seeds — in timoth}' and clover — to any extent, except in a very 
limited, small way. 

Mr. TowNSEND. Do 3'ou have any trouble with your varieties of 
peas, for instance? 



ADULTERATED AND MISBRANDED SEED. 59 

Mr. Rice. We do have, and would have more if we did not watch 
out carefullv and look out for the stocks and keep out the rogues and 
sports, as we call them. It is an easy matter for a stock to deteriorate 
and run wild. 

Mr. ToAVNSEXD. Can you tell the different varieties by the seeds? 

Mr. Rice. Not always. Some varieties are quite similar to others 
by sight. 

Mr. TowNSEXD. What other means have you for keeping vegetable 
varieties true ? 

Mr. Rice. In the growing of them; in the summer time, in the 
growing of the seeds. Take, for example, a great many varieties of 
the peas, and they are quite similar one variety to another; but while 
you could not designate one sort from another, yet you could do it 
if you should see the two crops growing, because they grow differ- 
ently and they have different foliage and different height of vines. 

Mr. ToM'NSEND. You do not grow any seeds, do you ? 

Mr. Rice. They are grown by our farmers. 

Mr. Townsend. The pea seed ? 

Mr. Rice. All the pea and bean seed. 

Mr. Townsend. You do not buy from the farmers generally? 

Mr. Rice. We do not pick up anything. All our seeds are grown 
from pea stocks grown by ourselves, and in that way we know gener- 
ally what sort of stock we put out, what sort of seed we plant with 
the farmers. We make contracts with farmers for 5, 10, or 1.5 acres of 
a certain variety of seeds, and when that is at the proper stage to 
examine we examine it, and if there is anything in there that ought 
not to be we go carefully over that field, and a man in charge of 
four or five men goes over it, pulling out all the rogues and sports that 
appear in the field, and in that way we keep them down. If any- 
thing gets left in, it is taken out when we handle it. The seed as it 
comes from the farmer is hand picked, and if there is anything that 
does not look right it is taken out at that time. By these two ways 
we keep our stocks of peas right. 

Mr. Townsend. What I was trying to get at is this : I take it that 
some of the dealers in seeds buy seeds of the farmers to whom they 
do not furnish seeds. How could you tell then, as a seedsman, 
whether you were buying a certain variety of seeds or not ? 

Mr. Rice. So far as we are concerned, we do not get our stock that 
way, buying promiscuously from farmers. We would not buy a field 
of peas, for instance, that we did not supply the seed of, to plant, or 
did not see the stock growing. Alaska peas, for instance, might look 
in the sample to be extremely fine in quality and purity, and you 
could not tell whether they were pure or true or not. It would not 
be a safe proposition to buy peas that way, unless you wanted to get 
yourself into trouble and pay a damage bill. 

Mr. Tow^NSEND. Do you have to pay damages if you sell goods that 
are not true to variety ? 

Mr. Rice. We oftentimes have done such things. If we should get 
hold of any such thing through mismanagement or in any way, a 
customer would oftentimes want to make you do something that was 
right, for instance, if he lost a crop. 

Mr. Townsend. You say that is a frequent occurrence ? 

Mr. Rice. No, sir. 



60 ADULTERATED AND MISBRANDED SEED. 

Mr. TowNSEND. I thought you said " We frequently have to do 
this." I did not know what you meant by that. 

Mr. Rice. Sometimes a farmer loses a crop, and sometimes he gets 
into trouble when we think it is not always the fault of the seed. 

Mr. Mann. You do it whenever it is necessary to keep your repu- 
tation for selling seeds true to name, I suppose ^ 

Mr. Rice. Yes, sir. 

Mr. Green. I will call next on Mr. Alexander Forbes, of the house 
of Peter Henderson & Co., of New York City. 

STATEMENT OF MR. ALEXANDER FORBES, OF PETER HENDERSON 
& CO., NEW YORK CITY. 

Mr. Forbes. Since I have been listening to this discussion I have 
been led to think that if we keep in mind the seeds that are definitely 
distinguishable in the grain, much good work could be done, but on 
seeds that are not definitely distinguishable in the grain I do not 
think we can do much, except from the standpoint of germination. 
The clovers and grasses are distinguishable in the grain — that is, 
most of them are — and certain of the forage plants; but, as Mr. 
Stokes has remarked, the varieties composing the families of vege- 
table seeds really can not be distinguished one from another, except 
the bean family, a few varieties of peas, and a few varieties of corn; 
and I do not see that you can help matters by having a law to say 
that you shall warrant or guarantee the purity of any seeds sold, 
except in seeds that you can distinguish in the sample. I think if that 
is kept in mind it would eliminate a great deal of futile effort that 
is attempted in this bill. I do not think that joii can do anything 
with seeds like cabbage, turnip, or cauliflower, that you can not tell 
one from the other. 

Mr. Mann. You think there ought to be no liability on the part of 
the seedsman that sells cabbage seed for cauliflower ? 

Mr. Forbes. It is for the lawmakers to say whether we should be 
made liable. 

Mr. Mann. You are not liable now. 

Mr. Forbes. All over the world, we seedsmen feel that we have a 
right to use that disclaimer. We can not buy from the first seedsmen 
in Europe or any other continent a package of seed,- however small, 
and get a guarantee. You can not get any guarantee or warranty 
from the finest houses or the first sources of supply the Avorlcl over, 
and it seems to me it is hardly fair to expect the American seedsman 
to do what the seedsman of no other land is asked to do. If it is 
possible to do it we are willing to try to do it, if you insist upon it; 
and if you say we have to do it we will try to perform it ; but I think 
it is getting pretty near the impossible. Whenever the seed is defi- 
nitely distinguishable in the grain, I think you gentlemen and scien- 
tists, and even we who are not scientists, can pretty nearly tell when 
a thing is true, by the form of the grass seed, or the markings on the 
clover, or the color of it, when it is right or wrong: but when you get 
beyond that, where they are not definitely distinguishable in the 
seed, I do not see that you can do very much more to protect the 
planter than we are doing now. I just put this forward as a general 
proposition, to try to divide this subject into two classes — the one 
practicable, the other imj^racticable. 



ADULTERATED AND MISBEANDED SEED. 61 

Mr. Mann. The trouble is. Ave do nothing now as to the matter of 
imposing a legal liability. 

Mr. Forbes. You see you have met with success in finding out the 
adulterants that are used in mixing with clovers and grasses. That 
is really a shameful state of affairs, and I for one am here to de- 
nounce it and say that it is a blot on the seed trade, to think that this 
should have gone on for two years after the warning that the seed 
trade has had in the circulars that have been sent out by the Depart- 
ment of Agriculture. In this connection I would ask to have placed 
on record a letter which my firm sent to the Secretary of Agriculture 
over two j^ears ago (copy of letter herewith). I do not imderstand 
Avh}' aliybody can afford to adulterate seed, and I think those who 
have done it ought to be shown up. One gentleman asked a little 
while ago whether we had any idea as to the number of rogues who 
are doing this. I have no means of knowing, but 1 can give a fairly 
good guess. I said I thought that they could be numbered on the 
fingers of two hands, and the party who put the question to me said 
that he thought the}' could be numbered on the fingers of one hand. 

Mr. ]SIann. He has not read the reports. More than half of the 
samples of Kentucky blue grass seed examined last year were adulter- 
ated. It was not accidental, but Avillful adulteration with Canada 
blue grass seed. 

Mr. .Forbes. No; I distinguish between the innocent dealer who 
does not know red clover and alfalfa from trefoil and the man who 
does. You have a whole lot of people in those reports who really 
do not know anything about seeds. They are hardware people and 
men Avho have no business to be in the seed trade at all. They rely 
upon some importer to supply them with what they want, and as a 
rule they are looking for cheap -grades. 

Mr. Mann. They do not import Kentuck}- blue grass? 

Mr. Forbes. Xo: but they import Canada blue grass. 

Mr. Mann. They sell Canada blue-gTass seed and label it Ken- 
tucky blue-grass seed. 

Mr. Forbes. There are three or four items that you have made a 
study of, viz, red clover, alfalfa, orchard grass, Kentucky blue grass, 
and their adulterants. 

Mr, Mann. My special study has been your line. 

Mr. Forbes. '\Vliat do 3"ou call my line? 

Mr. Mann. Vegetable and flower seeds. 

Mr. Forbes. I take an interest in the seed trade all around. I take 
a considerable interest in clovers and grass seeds personally, just as 
yoit might in vegetable seeds. Xow. coming to vegetable seeds, I do 
not think it is fair to the reputable houses who are in the seed busi- 
ness, as distinguished from corner grocery and hardware stores who 
handle seeds as they do, to hold the seedsman responsible always for 
results. The representatives of commission houses come to their 
stores and leave boxes of seeds and then they will call again six 
months hence and make collections. Sometimes these grocery stores 
will keep a box of seeds over a year, and it is forgotten, and they will 
keep them sometimes longer than that. To give you an instance of 
that, I will tell you what happened this year to our house. It is ten 
years since we discontinued supplying the wholesale trade, and we 
have not knowingly furnished a dealer since that time. We supply 
seeds direct to the planters only, and have done it for the last ten or 



62 ADULTERATED AND MISBEANDED SEED. 

eleven years. It was only this spi^ng that a man called on us to 
know whether we could not furnish him some seeds to sell again. We 
said " no." He said, " Well, I have some of your seeds, and I do not 
see what is to prevent me from selling them. Will you not take them 
back ? " I said, " When did you get these seeds, and how did you get 
them ? " He said, " I got them when you were in the wholesale busi- 
ness, and I have them yet." 

Mr. Mann. Do you think he ought to be permitted to sell those 
seeds ? 

Mr. Forbes. No, sir; I do not think he ought to be permitted to sell 
them. 

Mr. Mann. But that is what, without this law, he can do. 

Mr. Forbes. I do not think he ought to be permitted to sell them, 
and any man that would sell those seeds under the circumstances is a 
scamp. 

Mr. Mann. But without this bill he can sell them. 

Mr. Forbes. I do not think it is fair to get hold of a package of 
seeds, such as that man was willing to offer for .salt', or a lot of seeds 
that had been offered for sale in commission boxes that had probably 
been lying around for two or three years — I say it is not right to 
gather a lot of samples like that and say, " These are fair samples of 
what the seedsmen of America are selling." That goes abroad and 
gets into the newspapers and we are looked upon as a set of rascals. _ 

Mv. Mann. Tlien whv do you not help us to eliminate the possi- 
bility of it? 

Mr. Forbes. We are willing. 

Mr. Mann. Xo; you say you want vegetable seeds taken out of 
this. # 

Mr. Forbes. What can you do along the line of vegetable seeds, 
except to tighten up the germination standard? We can not tell any- 
thing about the purity of it by examination of the grain. You can 
not help us to do that any more than we are doing. 

There is another feature of this thing. Tlie farmer is a very im- 
portant factor in the production of seeds — in fact, he is the first 
source of supply. There is no penalty in this bill for the farmer if 
he should harvest seeds that are not all right or true. He may grow 
for seed a crop of peas or beans or corn that has not been- grown with 
care or from selected stock seed. There are some who buy their seeds 
from the grower in this way ; and is not the grower, the farmer, the 
first source of supply, and ought he not to become amenable to the 
law ? 

Then, as to the grower of grasses. A farmer sows a field that he 
knows is full of weeds, and he mows it and harvests with the crop 
the thistles and dock and all the other weeds that he has in his field ; 
it is all threshed and put in the same sacks and offered for sale. He 
simply mows that and brings it all in just as it grew, wild and mixed. 
That farmer has the right to sell such seed with impunity to his 
dealer or to his neighbor, if he will buy it. 

Mr. Mann. Do you object to that? 

Mr. Forbes. Yes; I do. 

Mr. Mann. You think that ought not to be allowed? 
Mr. Forbes. I think it ought not to be allowed. 
Mr. Mann. And you think we ought to have a bill forbidding 
that? 



ADULTEEATED AND MISBRANDED SEED. 63 

Mr. Forbes. If you are ooing to hold the seedsman, you ought not 
to let the farmer off scot-free. The farmer ought to be made to bear 
his share of the burden, just the same as the seedsman. The seeds- 
man helps him out to the best of his ability by screening and clean- 
ing his product and making it merchantable; but as to the farmer, 
there is nothing said about giving him a penalty or imprisoning him. 
I think the farmer ought to be made to bear his share the same as the 
seedsman. 

Then how would this apply to the Department of Agriculture it- 
self? They are large seed merchants, and they have made mistakes, 
not willfully, of course. Mr. Wm. Hy. Maule, of Philadelphia, went 
before the Agricultural Committee of the House to make complaint 
against the Department as to the " Prizetaker " onion he had intro- 
duced as a novelty at that time. It is a large, globe-shaped onion, and 
he went to a great deal of pains and it cost him a good deal of money 
to get control of that novelty. They bought it from an outside source, 
and it was distributed. Instead of Maule's Prizetaker it turned out 
to be a small, common, flat onion, something entirely different. In a 
case of that kind, where that onion was distributed in that way, do 
you not think the Department of Agriculture ought to bear its share 
of the penalty? Look at the damage it did to ^Ir. Maule (not know- 
ingly, of course), besides deceiving thousands of the recipients of 
Congressional free seeds that year as to Maule's Prizetaker onion. 
This only goes to show that the Government experts can be deceived 
by a dishonest farmer just the same as any member of the seed trade. 

Mr. Mann. Ought we not to be able to reach the man who com- 
mitted the fraud ? You want to take him out of this bill. 

Mr. Forbes. I would not be at all surprised if the man who sold 
that to the farmer was a Chinaman out in California. You talk about 
those other people buying cheap seeds — the Department buys just as 
cheap seeds as it can get. 

Mr. Mann. They ought to be required to buy good seeds. 

Mr. Forbes. I think the farmer ought to bear his share, and I think 
the Department also, if they make a mistake, let them do as we seeds- 
men do, by duplicating the order or giving them assistance in some 

WAY. 

Mr. Townsend. If you sell me seed for cabbage, and it turns out 
to be cauliflower, I have a remedy against you, have I not ? 

Mr, Forbes. If you say you have by law, you should have ; but I do 
not see that we should be held responsible for that when we can not 
have a remedy from the farmer or grower. 

Mr. Townse>'d. I mean, in dealing with a customer, do you not feel 
that you are under obligations to make good a loss to a customer 
which occurs through a mistake or otherwise ? 

Mr. Forbes. We have done it. 

Mr. Townsend. Do you usually do it ? 

Mr. Forbes. Yes; we usually try to settle amicably with a cus- 
tomer. 

Mr, Townsend. You have to do that to protect you business, do 
you not? 

Mr. Forbes. That is only right. If we or any of our people have 
been guilty of a thing like that, we try to settle it amicably. I do not 
suppose there is a house represented around this table that has not 
had something of the kind happen to them. And yet they are not 



64 ADULTERATED AND MTSBEANDED SEED. 

ahvays to blame. I ^Yill give you an instance. A complaint came 
in that a packet or an ounce of vegetable seed would be wrong-, and 
we could not undei'stand why it should happen just once in a while. 
They would want celery and they would get cabbage for it, or some- 
thing else. We found in laying out the stationery — the envelopes, 
say, for celery — that by mistake the printer might allow one cab- 
bage-seed envelope to be among the celery envelopes, and that would 
be filled out of the stock that was laid down to fill that kind of 
celery. Then it was put aAva}^ in the V)in. a clerk woidd go there and 
pick out that particular packet labeled eabbage but eonlaining ceiery 
and lay it out, and if celery was called for on the order the checker 
would be confronted Avitli cabbage on the envelope. The checker 
would say, '' But this order does not call for cabbage ; it calls for 
celery ; take that aw^ay," and the clerk who took that out would think 
he had gone to the wrong bin, and he would go and put it in the cab- 
bage bin, where he thought it belonged, and yet that contained celery. 
The next one that came along and took that packet got cabbage, as 
he thought, and called it off for such, but it contained celery. There 
is a mistake which happened more than once with us, which has hap- 
pened with others, and which makes it a pretty hard matter to have 
to publicly guarantee and warrant everything we sell in the seed 
business. I think that the officials of the Department of Agriculture 
will understand that pretty well. 

Mr. TowNSEND. This business is not the only one where mistakes 
occur, is it? 

Mr. Forbes. No; I do not think it is. In all other kinds of busi- 
ness mistakes occur, but they are not sent to prison for them. 

STATEMENT OF MK. J. C. VAUGHAN, OF CHICAGO, ILL. 

Mr. Vaughan. Mr. Chairman and gentlemen. I am so alone in a 
certain view of this l^w^, and have such a peculiar strenuous manner, 
which is, however, only earnestness, and not anger, that it has been 
thought wise on the part of my committee to keep me pretty far in 
the background. I am fortunate, however, in having a friend at 
court. The chairman of your honorable committee and the gentle- 
man who has made ])robabh' the greatest record in the last three 
years in the Lower House, is my personal representative here from 
the Second Illinois district, my servant, so to speak, so that you can 
imagine what position I am really in, and how^ he has to submit — 
really, I have not told him this — to anything I may offer, and he has 
nothing to say. 

There is another side of this question, and my colleagnies feel that 
I am so sensitive over this view of the bill that my bitter resentment 
in talking here might prejudice our cause. Therefore I nnist ask 
that they be not held responsible should I overstep the bounds of pro- 
priety in my remarks. 

Now, I do not need to say to Mr. IVIann or to Mr. Townsend, and 
other members of this committee here, or perhaps I should say to 
them, that I feel bitterly that the honesty of my life work has been 
impugned in the report, and in the act itself. I feel that our indus- 
try has been selected to be hitched up with the food law to make a 
team ; the ])ure-seed law sounds fitting to match with a pure-food law, 
but these things are not connnon. and should not be compared with 
each other. It is wrong; it is like putting two different animals to- 



ADULTERATED AND MISBEAXDED SEED. 65 

gether, the horse with the mule. I do not say that I am alone in 
this vie^Y as to the act impugning our honesty, nor that I am more 
honest, but I mny be more thin-skinned. 

My excuse for furnishing any evidence of my own standing lies 
in the following: We have thought that we were a benevolent people, 
and we have thought that we were doing good work, and it is con- 
ceded that the honorable gentlemen in the House of Representatives 
are truly aiming to benefit the planters of this countrj^ on similar 
lines. Xow. we feel that the seed business lies pretty near the founda- 
tion of agriculture, and I have to-day here some letters, which I will 
ask Mr. Mann kindly to read, as establishing to a little extent my 
standing in public work and as a merchant. 

Mr. Mann. I do not think that needs reading. 

Mr. Vaughan. As I say. I want to clear up the atmosphere a lit- 
tle as to my standing in horticulture. The one from the director of 
the Missouri Botanical Garden, perhaps the most benevolent and 
largest educational institution in horticulture and agriculture, I 
would like to have you read. 

Mr. Mann here read aloud the following letter: 

The Missouri Botanical Garden. 

Office of the Directoh, 
St. Louis, Mo.. Apnl 18. 1908. 

Dear Sir: My attentioji iuis been called to the fact that Mr. J. C. Vaughan, 
chairman of the national council of horticulture, and a well-known horticul- 
turist, is to appear hefore your committee to urge that the proposed pure-seed 
act (House bill ]3835 of the first session of the Sixtieth 'Congress) be not passed 
in its present form. 

Though it seems superflnous for me to do sn. I have pleasure in saying that 
Mr. Yaughan is personally known to me as not only a good business man and a 
man of good .iudgmeut. but also a gentleman whose philanthropic work for the 
betterment of American floriculture entitles anything that he may say to the 
most careful consideration, and I trust that the arguments which he may pre- 
sent in regard to this bill will be accorded the full consideration that they 
merit. I am sure that nothing that he presents will be found inconsistent witii 
the obvious and commendable imrpose of the bill to prevent fraud in the seed 
and plant trade, but to show why, in its present form, the law. if passed, is 
likely to work injury and be attended with administrative difficulties not com- 
mensurate with the good that its enactment will secure. 
With sincere respect, believe me, truly, yours, 

Wm. Trelease. 
Hon. W. P. Hepburn. 

Chairman Coinwiffrc on Infer.ilate and Foreign Commerce. 

House of Representatives, Wasliington. 

Mr. Vaughan. I should like to have you read the other, also. 
(Mr. Mann here read the following letter:) 

The First National Bank. 

Chicago, April IS, tUOS!. 
Hon. William P. Hepeirn, 

Chairman Interstate and Foreign Conumrcr Cuniniiiiee, 

Washington, D. C. 
Dear Sir: :\rr. J. C. Vaughan, vf Vaughan's seed store, dealers in flower and 
garden seeds, has called our attention to the proposed legislation restricting 
the adulteration of grass seed. etc.. introduced by Congressman James R. Mann. 
Vaughan'g, seed store has done business with this bank for many years and 
their dealings have been of a highly satisfactory nature. We regard Mr. 
Vaughan himself as a gentleman of strict integrity and honesty and believe, 
as is his general reputation here, that he conducts his business in a sirictly 
honorable manner. 

Yours, respectfully, Jas. B. FoKtiAN. 

30979—08 5 



6G ADULTERATED AND MISBRANDED SEED. 

Mr. \'Ar<iHAX. Of coiii-se. this may seem tritliiig to you, and 1 
apologize for it in advance, but there is a little atmosphere here aris- 
ing froiu a .statement made by the chairman a little Avliile ago, that 
the seed men did not want to correct the abuses, and I stood up and 
denied it then, and I stand here now and deny it. 

Mr. Mann. I have never seen any evidence of it. I base had abso- 
lutely no assistance from the seed men in this matter, and the abuses 
have been going on for years, and there has been i.o effort to correct 
them. That is the fact. 

Mr. Vai GHAN. I live in the Second Illinois district, and 1 am a 
seedsman known to some extent, aud I w^ill say that Congressman 
Mann has never consulted with me or asked me for any information, 
aid, or assistance. 

Mr. Mann. You are mistaken about that. I was at your office 
several times last sunnner and tried to see you, and I was told that 
I could rot see you. 1 also wrote to you last winter that I wanted 
to see you during the sunnner, but I was not able to do it. 

j\Ir. Vaughan. I re})eat, and my word is good in Chicago, that 
Congressman Mann, Congressman of the Second district — this is in 
all kindness and fairness — has never personally made known to me, 
either by letter or in person, that he wished to consult me in regard 
to this law. 

Mr. Mann. You are mistaken about that. 
'" Mr. Vaughan. Personally, I say it has never come to my knowl- 
edge, and my word is good. 

Mr. Mann. Nobody doubts that, but we had corresj)ondence o\er 
a year ago. 

Mr. Vaughan. I say on this bill. I do not like to enter into a 
dispute, but I am loaded with the best authority as to my unselfish 
interest in horticulture, and I have more letters here. 

Mr. Mann. It seems to me it Avonld be just as wise to consider the 
bill instead of considering these matters. 

Mr. Vaughan. I have a])ologized in advance for any blunders I 
may make OAving to the sensitiveness that I feel in being classed in 
the Lydia Pinkham patent medicine class, and I resent it. 

I am here now to try the best I know how to clear up some of the 
difficulties. 

We are handicapped in the beginning with the word " guarantee," 
Mr. Tow^nsend. It must be qualified. There is no such word as 
" guarantee '' usable without a qmilification. We do guarantee, and 
so does every seed man wdthin the hearing of my voice, that if cab- 
bage seed sold at 30 cents is not true and does not grow reasonably 
well, a man can get his 30 cents back. Everybody knows that if you 
buy a dozen eggs from the grocer and they are rotten, you get a new 
dozen, and that condition exists in the seed trade, and so far as errors 
occur in the seed trade, it is a common, everyday practice; that is, to 
guarantee so far that the buyer can get his money back. 

Ilei-e is the ablest expert in the United States present here [refer- 
ring to Professor Tracy] who is in the employ of the Department 
of A<>riculture, and I ask him to interrupt me at any time that I make 
a false statement. Yon can see how I get to going, and you can 
imderstand why they do not want me to talk. 

Mr. Mann. P think it is very evident. 



ADULTERATED AND MISBRANDED SEED. 67 

Mr. Vaughan. That is why (because I am so resentful of the im- 
putation against our industry) that they did not Avant me to talk. 

Now, there are some things the seedsmen say they will not do. You 
come to a counter and take onion seeds and cauliflower seeds and you 
take those seeds away and sow them on the open groiuid. Is Vaughan 
going to follow them!' They take these, seeds and sow them on the 
ground. What kind of ground? In a poor, gravelly ground, or do 
they put it in, as is proper, on good garden soil ? A buyer may sow 
lawn grass seed in August and the delicate slioots may start properly, 
and yet at 2 o'clock in the afternoon on a scorching day these shoots 
may burn to the ground and the sower find it burned and ruined on 
his return at night without having known or seen its growth at all. 
That is why we can not warrant, as to crop itself, any grass, onion, 
or cabbage seed sent, sown, and used all over the world. In the 
South, negroes sow the cucumber seeds, how well and on what soil? 
How can the seedsman have knowledge as to their methods? Too 
much fertilizer in one phice blights the crop; too little in another 
means failure. I do not have to talk to gentlemen like you gentlemen 
on this committee to tell you why we can not give a crop guarantee. 

Mr. Mann says there is no excuse for selling in November '' (rrand 
Rapids '■ lettuce seed that will not groAv. I think some of my col- 
leagues speaking before me have misunderstood this. Almost all 
seed will grow to a degree. Tlie new crop of this lettuce seed will 
grow to an extent, but it does not do its best. Mr. Tracy can tell us 
just what per cent newly harvested lettuce seed will germinate in 
November. You can carry over seed of the previous year's crop, 
but that will not groAv as it should; but Mr. Mann is right that you 
can get a reasonable percentage of growth from seed 1 year old. 
Mr. Stokes I understood to say that it will not grow, meaning it 
would not germinate a high percentage. It will show a fair per- 
centage. 

There are many seeds you have to take that are not 08 per cent 
pure or vital. Radish is scarce this year. 

What percentage does it grow? The best of it (French stock) this 
year grows 50 per cent; and a gardener JVIr. Mann knows well, Mr. 
Breyfogle, with 40.000 feet of glass, comes in and pays us two prices, 
because he prefers it, for 50 per cent vitality radish seed of this best 
type, and sometimes it may be 1-year-old seed. The testimony in 
former hearings here shows that a question has been made between old 
and fresh seed. It should not be. The distinction is between fertile 
and unfertile seed. I throw back at the Department the words *' dead '" 
seed. We harvest many seed crops containing unfertile seeds, (xod 
made little apples. And (lod made a lot of unfertile seeds that were 
never vitalized. 

Now, as to the impossibility of distinguishing varieties, the question 
wes asked of Mr. Rice, there, crippled from Libby prison — and if he 
gets the Fort Leavenworth stripes on him we will cover them up with 
the old flag — - and he said he could distinguish most of the garden 
beans. AMien Professor Tracy, of the plant depertment here, was 
professor at the Michigan Agricultural University he kncAv the diffi- 
culty of distinguishing a green-pod black wax bean from a yellow- 
pod black wax bean. Was not that a real rogue? 

Professor Traca'. In some instances it is, and in others it i^^ simply 
degeneration. 



68 ADULTERATED AND MISBRANDED SEED. 

Mr. Vai GHAN. You can not tell them apart very well, can yon ? It 
is a terrible mistake when a buyer comes to a seedsman for a black wax 
bean 3'ellow podded and gets one producing green pods, and the seeds- 
man has a lawsidt coming. The chairman has asked — and he will 
correct me if I am wrong 

Mr. Makn. No; you make your own statement and I will make no 
corrections. I will make my corrections in my own way. 

Mr. Vaughan. Yes: but I am not a lawyer, and I have no lawyer 
with me. 

Mr. Mann. It is very fortunate. We might not get the facts if you 
had a lawyer appearing for you. We know you will give us the facts. 

Mr. Yaughan. Facts ? 

Mr. Mann. Yes. 

Mr. Yaughan. I thank you for saying that. What point Avas I 
making ? 

Mr. Green. You were talking about black wax beans. 

Mr. Yaughan. I was about to make a statement to Mr. Mann, and 
I wanted to ask him to correct me if I was wrong, but I guess I have 
lost it. 

The point was made here, and well made, as to the volume of com- 
plaints and errors that existed in our trade, compared with the total 
business done. Wotdd it not be well to compare the number of mis- 
takes in one of our large seed houses with the number of packets put 
up annually in the trade with similar errors and volume of business 
in dry goods, hardware, and like industries? Is not that a fair basis 
for comj^arison? Mr. Eice, may I ask you to state, roughlj'. how 
many thousand packets of seeds you put out in a year? 

Mr, Rice. I do not know that I could state exactly. Several millions 
of packets. 

Mr. Yaughan. Ten millions, maybe? 

Mr. Rice. I should think so. 

Mr. Yaughan (to Professor Tracv). AVhat would vou suggest that 
Messrs. Ferry & Co. put out? Do they put out 100,000,000, Professor 
Tracy ? 

Mr. Tracy. Some seasons as many as that. 

Mr. Yaughan. I would like to compare that 100,000,000 packets 
that one firm alone puts out, and the number of blunders and errors 
found by the Bureau of Plant Industry, with the proportion of blun- 
ders in other industries. If it is customary to print the names of 
people selling rotten eggs or selling things that they willfully seU 
wrong, knowing them to be wrong, we shall be willing to have the 
names of <Mir seed-trade people published: but we would like a hear- 
ing. If that is not American fairness, then I do not know what that 
is. I think I have tried to cover the guarantee question. 

I want to back up all that Mr. Forbes has said on adulterants in 
grass and clover seeds, and I want to back up the w^ork of my Rep- 
resentatives in Congress in trying to do away with this abuse of 
adulterations. 1 believe they have used such in the vegetable-seed 
trade in some parts of Europe, but I have never seen a man or known 
of a case of the adulteration or use of dead seeds in tlie vegetable- 
se€d trade in this country. Chairman Mann, in a private cxmversa- 
tion I had with him, told me that he had found dead seed, burned 
seed, in cauliflower. Now, we seedsmen do not go around looking for 
the rascals in the trade. We do not know what the}' are doing in 



ADULTEEATED AND MISBRANDED SEED. 69 

some of the cheap department stores, and I have not the least doubt 
of the truth of what Mr. Mann tells me, but I do not know it per- 
sonally nor have I found one of colleagues that does know^ of it. 
He tells me there is short weight in seed cartons. T do not know it 
and have not found a seedsman that knows of short-weight seed car- 
tons, vet it is proposed to legislate against them : as such short measure 
exists in the liquor trade, and I suppose there are short measures in 
dry goods stores, but as I say, we do not know of it in ours. But if 
it does exist, if these department stores are giving Mr. Mann 13 
ounces to a poimd of grass seed, if he finds such in his investigations, 
I and all the other men in the seed trade are willing to help him to 
correct it; but why do you ct^me up and accuse us of doing things 
that as tradesmen we have never done? 

Another thing, there has been circulated all over the country in 
the Associated Press reports this statement which is true, which is 
fair on the face of it and on one side of it. But it is wrong in the 
way it w^as used in the report to the House of Representatives, in the 
report which accompanied the bill H. R. l^jS:^."). and it is a slur <>n 
our trade as seedsmen. 

This report says you can not tell turnip seed at 40 cents a pound, 
cabbage seed at $2 a pound, and cauliflower seed at $-10 a pound, 
apart. Xow, in this lies the inference that the seed trade is guilty 
of substituting one for the other; and yet I have never known it 
done. I do not like to read that in the press reports sent out from 
Washington, through Congress, or by the Bureau of Plant Industry, 
which we want to believe is working with us and helping the seeds- 
jnen to do the right thing by the seed planters of this country. And 
I do not take any back seat from any man, living or dead, in Con- 
gress or out of it, or in jail or out of it, in my desire to help horti- 
culture and agriculture. 

Mr. Tow^KSEXD. How do they get the samples in the Department; 
do you know anything about it? 

]Mr. Vaughax". It is underground work, I believe. Ar.i I wi-ong? 
You have experts of the Departments right here, and I would thank 
you to ask them. 

Mr. Maxn. We have them here, and w-e will have them and have 
had them. 

Mr. VAtroHAN. Not on that question. 

Mr. Mann. On that identical question. It was asked and an- 
swered and is in the record. 

Mr. TowNSEKD. I was not here at the hearing, and I have heard 
more about it since our hearings than before. 

Mr. Mann. I have no objection to going into it. but it will take a 
long time. 

Mr. ToAVNSEND. I do not care about it. 

Mr. Vaughan. I claim that from the statement in there that the 
seed trade were in position to do it, there is an inference that they 
Avould do it. 

Mr. TowNSEND. What inference do you refer to especially ? 

Mr. VAtTGHAN. The statement is made this way, and it comes from 
the catalogues of the reputable seedsmen. They say that you can not 
tell apart turnip seed at 40 cents, cabbage seed at $2 a pound, and 
cauliflower at $40 a pound by looking at it. 

Mr. Mann. It is true, is it not ? 



70 ADTJLTEEATED AND MISBBANDED SEED. 

Mr. Wmgiian. Yes. it is true, under qualification. 

Mr. Manx. I made the statement. 

Mr. Vattghan. Everything is true undei; qualification. I am mak- 
ing no unqualified statement on my feet, because I know hinnan fal- 
lacy and the possibilities of error, and I am not a lawj^er. 

This statement is used to imply abuses in the seed trade that should 
be corrected. You say "Look at the possibilities; 40-cent seed for 
$40 a pound." But, Mr. Townsend. it has never been done, and I 
object to the sending out in the public press this statement of a possi- 
bility, making it imply the existence of an abuse that has never oc- 
curred ; and that is why I am so resentful that I can not talk calmly. 
But I can answer questions, and I Avould be glad to answer any ques- 
ti(ms here, always remembering that a witness can get tangled up very 
easily when he is frightened to death. 

Mr. Townsend. You are laboring under a wrong impression. The 
committee does not Avant to tangle you up. or any other witness. Of 
course there are some pretty sharp questions, but Ave Avant to get the 
facts, and Ave expect men Avho are familiar Avith those facts to present 
them, and you ought not to be embarrassed. 

Mr. Vaughan. There is my unfortunate manner, that I apologized 
for in adA^ance. People that knoAV me knoAv that I get mighty mad at 
a certain apparently unfair practice; but I am not mad at my brother 
Mann. They tell me around the lobbies that he is the biggest-hearted 
man on the floor. Noav. of course some of our seedsmen maA^ find that 
hard to believe in the face of this drastic bill Avhich Mr. Mann stands 
sponsor for. But I maintain we Avish to give you facts, and you must 
not belicA^e otherwise than this Avith the record my letters established. 

I would like to answer questions and take the chance of being 
tangled up. 

Mr. ToAVNSENi). The thing I Avant to knoAv principally is, first, 
assuming that there is necessity for legislation, Ave Avill assume that 
to start Avith, but it is a disputed question on your part, of course, 
Avhether this particidar bill is a measure that Avould be workable Avith- 
out injustice to the seedsmen of the country. That is the thing I want 
to know more than any other thing. 

Mr. Vaughan. I do not think it is Avorkable as it is laid out ; and 
I shall stand on my feet and protest until doomsday if I haA^e to do 
my business facing a ])]'ison penalty for unintentional errors. I shall 
not consent to Avork under such a laAV until one is made by Avhich 
every druggist that nuiy sell strychnine and kill a man by mistake 
shall Avork under a similar laAv. I do not go unless he and other 
classes of merchants go. And there nnist be similar punishment for 
the worst insect pest in the horticultural line, one that has been legis- 
lated against by 37 States — the San Jose scale — and if Brother Mann 
has it on his trees in his nursery behind South Park, Chicago 

Mr. Mann. Which he has not. and the inference that he has is just 
as bad as the inference that you are selling cabbage seed for cauli- 
floAver seed, and the inference d(K>s not bother me. 

Mr. Vaughan. 1 said if he has it, he Avill go with me, and if Tod 
Sloan is compelled to go, convicted on some future pure-horse traders 
act, our old soldier over there, Mr. Eice, my go Avith the rest of u^ 
into Fort Leavenworth; very well, but I am not going unless they 
do. and T Avill not willinoly carrA" on nn' business under a law that 



ADULTEBATED AND MISBEANDED SEED. 71 

make? me a criminal to stai"t with. I feel sore at beino; legislated 
into the fraud class. 

Mr. Manx. Many people think tliev are above the hnv. You are 
not the first man who has thoug-ht so. A great many people have 
thought that. 

Mr. Vaughax, We are ready if legislation is needed. There is no 
reputable seedsman that is quicker than I am to help if legislation 
is needed. 

Mr. Maxx. Do you think Federal legislation is needed ? 

Mr. Vaughax, I have nothing to say about that until I see some 
statistics as to the proportion of the abuses claimed (which are 
largely new to nie) compared to the volume of the seed business. 
The abuses mentioned by JNIr. Mann are not known to the seed trade 
of CMiicago to my knowledge. I have not been around buying that 
class of stuff and T have not found the scalawags who are selling it. 
If legislation is needed, no man will come to the front quicker than 
the man that Professor Trelease represented to you as doing real 
horticultural work in this country. 

Mr. Manx. Do you think Federal legislation is needed in this 
country ? 

Mr. Vafghan. I will not say that the time has not come when a 
wise, carefully prepared measure that will work out ought to be 
passed, and T tell you that that man who supplies dodder or like 
vicious weed seed in grass or clover seed, poisoning the green fields of 
our newly irrigated lands in the West, working a wrong to posterity 
to a degree we may not estimate, comes just as near deserving a prison 
sentence as anyone, and as to that farmer who harvests his grass-seed 
crop with any and every bad weed in it should go to prison also. You 
know and can see that such a farmer is doing wrong when he know- 
ingly harvests the two seeds together. Gentlemen, do not be afraid 
to make, if you deem it necessary to legislate, a wise and careful bill 
that shall not leave out of the reckoning the farmer seed grower, 
lie will not average more honest than the commercial seedsman. 
He can see the mischief in the grass and clover seed crop while it is 
being made, while the seedsman can only try to undo it after the 
harvest be he ever so honest. 

I have taken altogether too nnich time. If there are no questions, 
that is all. 

STATEMENT OF MR. CURTIS NYE SMITH, OF BOSTON. MASS., 
REPRESENTING JOSEPH BRECK & SONS. 

Mr. Smith. After Mr. Yaughan's statement my statement in be- 
half of New England, which is rather a quiet place and up to tliivS 
time has not l>een reiiresented, I believe, by the statement of opinions 
in regard to this bill, will seem very quiet : but I will say that these 
business men of Boston, my brother-in-law, Mr. Breck — who is very 
ill, unfortunately, and felt very keenly his inability to come down 
here and personally say these things to you — and other Boston seeds- 
men are unanimous in their opinion. The opinion of Jose])h Breck 
& Sons regarding the pending bill may be of some interest to you in 
view of the fact that the firm of Joseph Breck & Sons does not 
only a large business, but a varied business. It does a wholesale busi- 
ness and a retail business. It does a very large import business, and 



72 ADULTERATED AND MISBEANDED SEED. 

a pretty good interstate business, and also a State business. The 
other seedsmen that I have talked with have expressed themselves 
fully, and if I may be permitted. I would like to state the reasons 
wdiy they think that perhaps this bill does not conform with the 
report of this honorable committee to the House, Avhich was recently 
rendered. The report as it now reads, Mr. Chairman, says this on 
page 2, and I will just read one sentence. I realize that we have 
taken a great deal of ^onr time, and I shall probably not speak for 
more than five or six minutes : 

Tlie only way, therefore, of reacliiug the present situation is by forbidding to 
a limited extent interstate commerce in seeds whicli liave been deliberately 
adulterated or misbranded, and forbidding the importation of seed either in- 
tended for adulteration purposes in this country or which has been adulterated 
before importation. 

The provisions of the bill which is reported are very strict as to the char- 
acter of seed which is imported, and also as to deliberate and willful adultera- 
tions of domestic seeds, but do not apply harshly to seed raised in this country, 
and which is not deliberately adulterated. 

We ordinarily interpret a man's meaning by his actions and by 
his words. We understand that this bill, as your honorable chair- 
man has reported it to the House, represents Avhat you consider is 
absolutely necessary to prevent the adulteration and misbranding 
of seeds AvillfuUy^the willful adulteration of seeds. I read that 
purposely, and I want to say. as representing these seedsmen, that it 
seems to me that should be the intention of this act to do that. The 
bill as it is now presented does not represent to the seedsmen the 
meaning of the words in the report, and it is part of my duty here, 
gentlemen, to tell you that in so far as this bill or any bill tliat the 
Congress of the United States will pass wdiich will prevent the will- 
ful misbranding or the adulteration of seeds will meet with the entire 
approval of the Boston people. You will never hear us make any 
statements from Boston which will prevent you from passing an 
act that will stop this intentional abuse of the seed trade. Seedsmen 
can not legislate for themselves. They can not regulate the actions 
of their confreres in the business. It is necessary for them to look 
after their own business. 

The bill has been discussed by you. I understand that yesterday 
there was a long conference with your honorable chairman, or 
rather with the proposer of the bill — I may perhaps be mistaken 
about the chairman of this committee being present — and a good 
deal was talked over there, and it was quite evident that there was 
a good deal of feeling, and it was the intention of the proposer of 
this bill to meet the seedsmen and let them express their feelings on 
this business. That is something that is just as apparent to you 
and as necessary to you as it is to protect the purchaser. You want to 
hear the facts from these other men, as I understand it, and these 
facts are these, that in looking over the bill there is of course an 
entire desire to prevent the misbranding and the adulteration of 
seeds, and so far as that goes we might agree, but it goes further 
than that. It makes it possible to stop an honest man's business 
in certain Avays that he can not possibly prevent. Now, the question 
has been ])ut by your honorable chairman, " Do you think that some- 
thing ought to l)e done to prevent this adulteration? " We say that 
it is necessary. undou})tedly. when the time comes. It may be now; 
but we urare that it can not be now. It mav sound verv strange to 



ADULTERATED AND MISBRAXDED SEED. 73 

you gentlemen, but it is only within tlie last ten days or two weeks 
that we have ever heard of this bill in Boston. We may be negligent ; 
we may be busy. This time of the year is a very busy time with us. 
As Mr. Bruggerhof stated to you, the seedsmen are working night 
and day to fill their orders at this time of year. So that while it 
has not been suggested this afternoon, yet it seems to me very essential 
that this act should not be put through before the 10th of May 
without a due consideration of all the elements in this case. 

There are two points in that bill that seem more repugnant to our 
idea of what the bill proposes than an}^ of the other clauses; those 
are section 3, clause 1, and the fourth division of that, where it 
says : 

If any seed or bulbs pnvportiug to be of one kind or varietj- contain more 
than 2 per t-ent of nnotiier kind or variety, such otlier seed or bull)S being simi- 
lar in appearance or of lower market value. 

Of course, I understand the word "' or " would not be seriously 
contemplated, because by the way this clause now reads it is quite 
possible to sell a very much better variety and we will be subject to 
the penalties of the act. That clause, as various people in Boston 
say, will seriously alt'ect their business. In fact, some people have 
gone further and said it would ruin them. Yoti have probably heard 
that. 

Mr. Man'>;. Tell us how it would affect their business. 

Mr. Smith. In this way, that the seed that yoti attempt to have us 
differentiate we can not differentiate. You have heard these men 
talk about vegetable seed and flower seed. Those seeds are more par- 
ticularly interesting to us than grass seeds. We say there are certain 
kinds of seed, and 1 will not repeat that because it has been gone 
through prettj' thoroughly, except to cite one instance, which can not 
be separated, and if that is so. there ought not to be such an iroui- 
bound rule as will affect the interests of the honest seedsmen. For 
instance, tinder this act, as it now appears, an honest seedsman that 
happened to have two or three seeds of one variet}^ that are quite simi- 
lar will be liable under the act. That dcH^s not seem fair. Take 
sauiples of the two species, L'dlium longifioruTn and LiUium harassi. 
The buH)s are very much alike and you can not tell them apart, and 
if by any accident on the voyage or in the custom-house those two 
should become mixed, we w^ottld be liable. I would like to cite this 
instance, given me by one member of the seed trade in Boston. He 
says of his own knowledge the two varieties were mixed b}' the cus- 
toms officials. This bill applies definitely to that situation. 

Mr. Manx. You put that case as an extreme case, of course? 

j\Ir. Smith. Yes, sir. 

Mr. Manx. Where, under this law, a man would be convicted and 
would not be guilty. But suppose you deliberately sell the L(yn.qi- 
florurti for the Lilliuni harassi. or vice versa — I do not reuiember 
which is the most valuable — you disclaim any responsibility whatever 
for it in your seed catalogues ? 

Mr. SiviiTH. Yes, sir. 

Mr. Manx. Do you think there ought to be no liability whatever 
on your part? 

Mr. Stniitit. To that question that has l^een asked of various mem- 
bers I Avould say that I think that a complete answ^er to that is that 
any intentional adulteration, as in the case you have cited — or in this 



74 ADULTERATED AND MISBRANDED SEED. 

ease it would bo n misbrandins' — ouofht to be |)i'(>hil)ite(l. We .stand 
ready for siu-li things. ^Ve say that anybody that deliberately gives 
a man another thing \Yhen he orders one thing, and he gets another, 
is guilty of a serious otfense; it is just the same as if he took his 
money out of his pocket. 

Mr. Manx. Then you think there ought to be some kind of a pun- 
ishment where the seedsman deliberately does this? 

Mr. Smjtii. Answering your question directly, I say 1 think there 
is a vast dilference between the things, and it is not contemplated in 
the bill. 

Mr. Max.n. YiHi think there ought to be some kind of punishment 
where the seedsman deliberately does it ? 

Mr. Smith. I think that I make no concession in any way when I 
say, as I started out, I deliberately told you that any bill that will 
properly atl'ect the seedsman who intentionally and deliberately adul- 
terates or misbrands will receive the support of these |)e()|)le that I 
mention. Does that answer your (juestion ? 

Mr. Maxn. Yes; in a way. 

Mr. SiNiiTH. Can T answer it in any way more definitely or more 
fully? I am authorized to answer it more fully. 

Mr. Manx. I do not think you are trying to avoid the question. 

Mr. SaiiTH. No ; I nnist say that I am willing to answer it. 

Mr. Manx. That being the case, w^hat is the best test of whether a 
man has deliberately done this or not? "Would you require the Gov- 
ernment in such a case to prove what the man had in his mind? Of 
course that is inqxissible except by proving the facts. 

Mr. SMrrH. In ansAver to that 1 Avould say that if the Government 
wishes to prove, as it has recently in Boston, or tried to prove, that 
a man used a vault, a safe, in the Boston post-office in a certain way 
aiul took out a certain amount of money — I think it is a direct 
answer to say that whenever you wish to make a felon of a man you 
have to prove a criminal intent. 

Mr. Maxx. Tf you shoot a man. and the fact is proven, you do 
not have to prove intent beyond that fact. 

Mr. Smith. Yes; and if you send out a thing that is just that way, 
you have your case, have you not? While it is not perhaps proper 
for me to state the question, it seems to me if the Government Avishes 
to prove a man a felon, as this bill attempts to do. it ought to have 
the proof against him. 

Mr. Maxx. You can prove anything that he does, but to prove 
what he has in his mind, that is impossible. 

Mr. S:mtth. That is possible just the same as Avhen a uuin walks 
out of here and takes a man's hat and he has got another one in his 
hand. Take the case of the seedsman, he has his bulbs in their 
proper bin. In the former case a man goes out and takes that gen- 
tleman's hat there. You just show the fact, there, and it is left to the 
jury, who must decide Avhether this man is a felon or not. It is left 
to them to decide that case, is it not ? 

^Ir. Manx. Of course it is left to them in any event. When it 
comes to protection to the seed industry, for the future, you want it, 
do you ? 

Mi-. Smith. AYe certainly do. 



ADULTEEATED AND MISBRAXDED SEED, 75 

Mr. Mann. You want a different i)rovision from any ordinary pro- 
vision. I was just asking- that one question. I do not wish to dis- 
turb you in your argument. 

Mr. TowNSEND. I may not look at this thing- just right, but if I 
have listened to the testimony correctly, I have not heard anyone of 
the gentlemen state that you want it differently from any other 
criminal law. Do you know of any other criminal law that does 
not require the intent to be proved? 

Mr. S:mith. I do not know of any, but we have not got it here. 

Mr. TowNSEND. As I understand 3^our ansAver to Mr. Mann's state- 
ment, you are in favor of a law that would punish a man that de- 
liberately and intentionally commits a crime in the way of adulterat- 
ing seeds, or misbranding if you make that a crime. 

Mr. Smith. It is a crime in this way. I think that imprisonment 
is ahogether too harsh a ]3unishment for the violation of an act which 
has to do Avith seeds. I think you can reach it in another way, just 
the same as they do in other places. Do I answer the question^ 

Mr. TowNSEND. Yes, I tmderstand. 

Mr. Smith. Then let me pass to the similarity of the seeds you 
spoke about. Mr. Mann just called my attention to the fact. There 
are also State laws where they do not require any such high standard, 
any such differentiation, any such classification of various seeds. The 
way this now reads it will mean that every seedsman will have to 
have an expert in his employ to detect every single solitarj^ wrong 
seed or defective seed or aiw other kind of seed that is in his samples. 

Mr. Mann. AYhere is that in the bill? 

Mr. Smith. That is apparent in this clause: 

If auy seed <>r bulbs iiurportintr to be of one kind ov variety coiitaiu more 
tbau 2 per ceut of nnother kind or variety, such otliei- seed or bulbs being 
similar in appearance or of Jower market value. 

Then the proviso reads : 

Provided, That no seetl or bulbs shall be deemed adulterated within the mean- 
ing of this paragraph when it is accompanied by a statement or label in the 
form and manner prescribed by the rules and regulations in this act provided 
for. giving the name ;'iid amount <>r jn'oportiou of e;icli <if the kinds oi' varieties 
of seeds or bulbs contained therein. 

That seems to me the only way. imless you have 08 per cent purity 
of your seeds, which in this case does not represent the article that 
you desigfiuite on the label; you have got to tell what each component 
part of that remainder consists of, and it is only an expert that can 
do that, and when you are handling ton lots, it simply means impos- 
sibility. The report of this committee is all along the lines of the 
adulteration and misbranding of grass seeds and clover seeds. I can 
read you from the report- 

]Mr. Mann. It was out of courtesy to the seed profession that we 
did not publish the results of the examinations on vegetable and 
flower seeds; and if we had done so there would have been wailing 
and gnashing of teeth. If you want us to do it, we will do it. 

Mr. Smith. No : I do not want you to, because I think these men 
have shown verj^ clearly that there mig-ht be mistakes, and it might be 
unsatisfactory to us. 

Then it may be of interest to know what the director of the Maine 
experimental station says. They have a law in Elaine which is not 
like this one in every respect, but down in Maine they have a law 



76 ADULTERATED AND MISBRANDED SEED. 

which provides that you have to give the percentage of purity of the 
seeds, and state it on your label, and the director has stated in his 
report which I now have and would like to have made a part of the 
record if it would not take too long 

Mr. Manx. State the substance of it and put it in the record. 

Mr. Smith. He says: 

The law respecting the sale of agricultural seeds was more particularly in- 
tended to apply to grass seeds than to ordinary vegetable seeds. 

The objection of the Boston people is that vegetable and flower 
and cereal seeds ought to be omitted from this act. The reasons have 
been given by the gentlemen who have preceded me, and I will not 
take up your time to repeat them. 

Section 4, clause 1, provides as follows: 

First. When one kind or distinguishable-named variety of seed or bulbs shall 
be offered for sale under the name of another kind or distinguishable-named 
variety of seed or bulbs. 

We think that in that case, in view of the fact that it is impossible 
to distinguish some of the seeds and bulbs, that clause ought to be 
amended in such a way that in case there is an unknowing mixture — 
that is, that is innocently done — the penalties of this act shall not 
apply. Then, further, in the second clause it makes it necessary to 
state on the outside of the package the exact weight and measure. 
That works a hardship on manj^ seed men who put up their seeds in 
packages. For instance, one seed merchant in Boston told me that 
about January 1 it is absolutely necessary for him to put up these 
thousands and thousands of packages, and he puts his seed in a dif- 
ferent house, in a different part of the city, and then brings them into 
his store, which is properly heated, 'at about this time of the year, 
and the consequence is, as ever}^ seedsman knows, that there must be 
some shrinkage in the size or in the weight ; there can not help 
but be; and we suggest that while that clause is in there to pre- 
vent lessening weights, and things like that to which we have no 
objection, we would simply say, make it possible, as the Germans 
and the French do in their seed act, to take up and look after this 
small depreciation in weight due to desiccation. In section 6 there 
are these clauses which we also object to, and which have not been 
spoken of to-day, which is the reason I take up your time with them. 
In line 14, on page 5. it says, " or is or arc otherwise falsely labeled in 
any respect,'' regarding imported seeds, and in line 15 it says, " or is 
or are of a quality forbidden entry into or forbidden to be sold or 
restricted in sale in the country from which exported." 

In talking that over in the committee of the Chicago seedmen I lui- 
derstand that that ought to be qualified in some way. We find that 
that clause is not necessary, and that the further clause in line 17, 
" or is or are intended for adulteration purposes," is not applicable 
to all seeds, because it will be quite apparent that there will be certain 
seeds, which it is chiimed are aduherants, that can be and are used 
for agricultui'al purposes. To illustrate, take Canadian grass seed. 
Under the bill, under this clause, it will be absolutely impossible, 
under the opinion given in the report of the committee, to consider 
that any other than an adulterant, and we can not import that from 
any foreign country even for the purposes for which it is catalogued 
in seedsmen's catalogues, and is sold over the counters as Canadian 



ADULTERATED AND MISBRANDED SEED. 77 

blue grass. That -wijl n(3t be possible, and it seems to me that the 
objection is tenable, and that yon niioht say '' or is or are intended 
solely for adulteration j^urposes."" 

I pass now to clause 7 of this act, which we object to. (.)f course 
we may be wrong in this matter, but it seems to us that the innocent 
principal, or .the house, who gives due attention and makes the most 
stringent regidations for carrying on business, should be exempt 
from prosecution for a fault that is unintentional, or perhaps is 
intentional on the part of the employee. It is a question whether 
in either case the individual or the firm ought to be protected by 
having a chance to set forth their case. This bill does not give to 
p. man a chance to set forth am' case, and whatever defense he may 
have, he can not get it in at all. We suggest that there be an amend- 
ment after the word " seeds.'" so that he can have his proper defense. 
Another thing that appeals to' us is that by the terms of this act 
the seedsman can have his property taken away from him by the 
Government. The opinion of the Secretary of Agriculture may be 
wrong. The seedsman has a chance to introduce testimony, to be 
sure, but it is not entirely a satisfactory trial. It may be recalled 
that in other acts Congress has passed it gives contestants an appeal 
and gives them a procedure in the act, and it is a proper method, and 
as in patent cases, it is quite possible, as I understand, to appeal to 
some conmiissioner or court — I do not know just what it is — to re- 
view the opinion of the Commissioner. The pure-food laAv. I will 
say in closing, is a good law. We appreciate everything that it has 
done for us in our lives and in our health. 

Mr. Mann. We had the same objection to it on behalf of all the 
manufacturers and dealers in foodstufi's when we considered the bill 
first. The same arg^^nents 3'ou are making now I have heard time 
and time again concerning the pure-food bill, concerning these 
clauses. 

Mr. Smith. May I just go on record in this respect? I will just 
say one sentence in reply to that, that in the ad\ilteration of food- 
stuffs and drugs the manufacturers or the druggists deal with small 
quantities. They have every chemical possibility, easy chemical reac- 
tion, to determine the exact condition of the drugs, and the very 
worth of the bill is due to the fact that there can not be an adultera- 
tion of a food or a drug without the intention being present. 

Mr. Mann. If you had heard the arguments that were made before 
us, you would not make that statement at all, because we were told 
a thousand times that these accidents would happen, these mistakes 
would occur, that there was no way of preventing them, that no house 
could protect itself, that they would all have to go out of business 
if we passed that law ; and some of my best friends engaged in that 
business personally assured me that their establishments would be 
closed up if a pure-food bill was passed. But they are all thankful 
now that it was passed. Of course if it had worked as they, feared it 
would work, and if this worked the way 3'Ou fear it would work, 
nobody would be in favor of it. 

Mr. Smith. Of course the answer to that is that we are not in a 
position to argue about the conditions of that act. In fact, I have 
only read a part of it. But you can not measure our seeds with the 
same measure with which you measure foods and drugs. There is 
an entire difference, and you can not reconcile them, and any attempt 



(6 ADULTERATED AND MISBRANDED SEED. 

to do so is ii'oino- to work ;i ijivat liiirdship, and it seems to me that 
properly safeguarding the interests of the purchaser of seeds can be 
attemj^ted -without working such disastrous results to the dealers in 
seeds. I thank you for the opportunity of addressing you. 

STATEMENT OF MR. S. H. WILLARD. 

Mr. WiLLARi). jVIr. Chairman and gentlemen. I will endeavor to 
be very brief, and I will confine myself to one or two general state- 
ments, unless some questions should be asked me, for I realize that 
we are trying your patience very much by prolonging this session. 

Mr. Mann. I assure you we are very much interested. 

Mr. Willard. I am interested only in the garden and vegetable 
seed line, and I am not familiar with any other branch of the seed 
business, but I am quite familiar with that, and I have been very 
much interested in what my associates have said on thevSe points 
concerning the garden and vegetable seed lines in the consideration 
of this proposed bill; and I feel that without exception I can indorse 
what they have said, though I hesitate to take uj) any of the same 
points and go over them again. There are one or two things, how- 
ever, Avhich I want to say, which 1 think may give some added em- 
phasis to what they have said, and present it perhaps in a little dif- 
ferent w^ay. I am quite familiar w-ith the efforts of seedsmen to 
improve their stocks and to give their customers the very best seeds 
possible, and they depend upon this to hold their trade and to satisfy 
their customers. The statement has been made here to-day that two- 
thirds to three-fourths of the business of seed firms is with the same 
people year after 3^ear. and in many cases has been for a number of 
years continuously, and in my own experience I know this is abso- 
lutely true. Now, it could not be maintained except on merit, and 
I wish to make the statement that as it appears to me the great bulk 
of the seed business is done on a high plane, that these errors are 
confined for the greater part to smaller purchasers, and possibly 
the dead seed question is of very small dimensions. What I want 
to say is that these things do not represent to any extent the trans- 
actions between seedsmen and market gardeners or large planters of 
seeds; that they occur only in the smaller package, wdiere there is 
more liability to error of that kind, and in that case that it is not 
done with the intent to deceive or to profit by deception, but is en- 
tirely an error, oi- unintentional in some way: for certainly, if it 
w^as intentional, it would be done where the great pecuniary gain 
would come, in the large trades. 

Then we are dealing Avith such a large variety of seeds. It takes the 
world, speaking broadly, to produce for America. We have to draw 
from a wide area, and seedsmen of experience are not only perfecting 
and selecting their stocks, but they are looking for sections of the 
country to |)roduce the <iuantity re<]uired of the highest possible qual- 
ity, and T believe it is a fair statement and a fair thing to assume, 
that this business is done very largely upon honor, because the results 
show it. We have the facts that their customers stay with them and 
that they are satisfied and ])leased to give these same houses their 
patronage and confidence year after year. As a rule they do not 
go shop])ing around. And then, too, we have the statement which 
was made by Mr. Stokes, I think, that seeds do not always show 



ADULTERATED AND MISBRANDED SEED. 79 

their proper percriita«ie of vitality the tirst year. In some case.s 
they do not show a hu'<2,e i)er('entaoe of vitality at any time, owing 
to the climatic conditions, the difficulties which we are under in 
prochicing seeds, and it has been shown here by the statement that it 
often happens in years of short supply of seeds that seed even of 
low vitality is often at a premium amcma' tliose purchasers of seed 
who understand quality and Avho have confidence that they are get- 
ting- just what they are paying for. I could go on in this way 
perhaps for cjuile a while. ])ut I really feel that I ought not to 
do so. I came here with the idea firndy impressed ti])on my mind, 
and I lune not had it changed, that it wotdd be better at this 
present time that this whole matter, so far as it relates to garden 
and vegetable seeds, slumld be omitted from the Ijill, becatise I 
feel that it is not important, that it is likely to bring abotit con- 
fusion 11(1 |;os-]l:iv jt^.-id to (questioning \ei'acity, and that it will 
liaA'e no good practical effect or benefit to the seed buyers wlio are 
buying in quantity seeds "which they are depending upon for value 
in their market products. 

T'idess some one wishes to ask me questions, that is all. 

STATEMENT OF MR. CHARLES N. PAGE, REPRESENTING THE 
IOWA SEED COMPANY, OE DES MOINES, IOWA. 

Mr. Page. It has been mentioned several times, gentlemen, that the 
seed dealers have objected to there being a seed law passed. Such is 
not the case. This matter of yellow trefoil adulterations came up 
three years ago. I had the honor at that time of being the president 
of the American Seed Association, and I wrote to the Department of 
Agriculture, and later made a trip to Washington and talked with 
Secretary Wilson and with Mr. Brown who is here, and with Professor 
Peters to see if there could not be some law enacted which would help 
the seed dealers to keep trefoil and the other objectionable seeds out 
of the country. I was told at that time, that it was impossible except 
by putting on a high tariff', and that Congress would not enact tariff' 
laws. We brought this matter up before the Seed Trade Association 
that year, and it was discussed, as to how we could have such a law 
enacted as would help up to keep it out. We are a unit in wanting a 
law to pre\'ent these adulterants being brought in, and the low- 
grade seeds being brought in. We want to improve the quality 
of the seeds. But what vre have objected to lately was this 
bill being brought up at the time when we are at our very 
men together, because they could not leave their business during this 
busy season. I do not think that any seed dealer, so far as I am ac- 
quainted with them, in the country, heard of this bill until the last 
clays of February. The first copy that I saw of the bill was on March 
o, and I forwarded that copy to the president of our organization. 

Mr. Oi?EE>. That was the first I had seen. 

Mr. Page. I think that is all. 

Mr. MA^-^^ I do not know that it is worth while making any 
statement about it, but that statement is quite unfair to this com- 
mittee. I would like to have that nutch go into the record. 

Mr. Page. In what way, Mr. Chairman? 

Mr. JSIaxx. It leaves a wrong impression. 



80 ADULTERATED AXD MISBEAXDED SEED. 

Mr. Page. If there is any misstatement. I want to make il ri^ht 
now, but I do not think there has been any misstatement made. We 
have wanted a law anjainst the importation of adulterants and low- 
grade seeds, as we believe such a law would help us. 

Mr. Makx. I understand. 

STATEMENT OF MR. E. V. HALLOCK. OF aUEENS, N. Y. 

]Mr. Hallock. ]\fr. Chairman and members, first I wish to state 
that this committee appreciates the unusual courtesy that Mr. Mann 
extended to them yesterday, of hearing them in an almost all day 
session, and his explanation of things that we thought were almost 
unexplainable took away. I may say. nine-tenths of the fear that the 
seedsmen had of the passage of this bill. Before proceeding to take 
your attention for a few minutes. I Avish to speak here, lost I forget 
it, of what Mr. Hubbard spoke of when he asked the question Avhether 
notices were sent to the firms whose seed had been tested and found 
wanting. I think that the committee here should request the De- 
partment to send a letter to a man or firm where his seed was found 
deficient in vitality, asking him as a criminal is asked before he is 
hung, if he has any reason why sentence should not be passed, and 
I think in some cases the firm might be able to make some peculiar 
and extraordinary explanation. I think that most firms would think 
this a very desirable thing to do. 

In regard to this bill, there is one clause that the members of 
this committee think very dangerous, and we are a little afraid of the 
arbitrary enforcement of the penalty. I refer to the imprisonment 
clause. They all seem to be afraid of getting behind the bars, and 
our business does seem to call for some little more than ordinary con- 
sideration, from the very nature of it. It is strange to state no seeds- 
man is in control of his product before it reaches his hands. In other 
words, he does not know what the harvest is going to be. The 
germination ma}" be low, the crop may be almost a failure. He 
can scarcely fix prices. His germination for a new crop of seed 
may be much lower than that for a crop of seed one year or two 
years previously harvested. That comes from the whims of nature. 
That is not all. \Yhen this product is sold by the seedsman and 
passes into the hands of his customers and is planted by those al- 
most innumerable customers there is a chance that each customer is 
liable to plant that seed under adverse conditions. A man ma}' think 
the conditions are all right Avhen in fact they may not be so. Cli- 
mate, drought, and flood enter into the results obtained by the 
200,000 customers of one seed firm. 

There is another thing, we think, which needs consideration. In 
the busy season — and the business of the seedsman of twelve months 
is almost crowded into three months — the filling of orders amount- 
ing to 2,000 or 8,000 a day leaves room for more errors to occur 
and more mistakes to be made than in almost any other business 
that can be sj^stematized and AA'orked out on the basis of a twelve 
months' demand. Then think of two or three hundred thousand 
customers planting those seeds, two-thirds of whom are almost en- 
tirely inexperienced. Self-preservation is the first law of nature, 
and loss of confidence among the two or three hundred thousand 
customers of that firm means ruin to the seedsman. The only way 



ADULTERATED AND MTSBEANDED SEED. 81 

that he can retain the confidence of his customers is by giving; them 
seeds that will produce results as he claims they will do. I have 
not made that quite as clear as I thought I could, but I think you 
can easily see that a seedsman works under somewhat more diffi- 
cult conclitions tlian an ordinary tradesman. I am not going to 
refer to any particular line of business; but first, he has no con- 
trol of the quality of his croy) coming in and he has no control over 
the planting of his crop going out when it has gone out. He is, as 
you might say, at the mercy of the people who plant his seeds. An- 
other point that has been raised is that there is always the possibility 
of a dishonest man who plants his seed and claims that the seed was 
no good, and wants damages. Then, in the filling of this great num- 
ber of orders by sleepy people, tired people, in the height of the 
season mistakes are likely to occur, and I think that calls for al- 
most special consideration. We realize, by ]Mr. Mann's explana- 
tion, why these clauses ai'e necessary to convict. He tells us you can 
not convict without them, and it seemed we understood what he 
said. But I ask you if we are not entitled to some little extra con- 
sideration. 

I am going to take up the guaranty and the warranty and the re- 
liability clauses. That has been more talked over and more discussed, 
and there has been more difl'erence of opinion on it than on anything 
that has ever come into the seed trade. I am like Mr. A^aughan; 
warranty, guaranty, and reliability do not mean anything at all un- 
less the amount is expressed right there after it. 

Mr. Mann. Mr. Hallock, there is nothing in this bill on that sub- 
ject whatever. 

Mr. Hallock. Perhaps there is nothing in the bill, but I think the 
chairman has said 

Mr. Mann. I just wanted to call your attention to that fact. 

Mr. Hallock. But the chairman has frequently asked the question, 
" Do you not think you ought to have some liability or warranty or 
guaranty? " I say yes, if the purchaser will pay for it. I say to the 
purchaser: " What do you want, a guaranty of $1, or $2.50, or $10, or 
$100, or a $600 guaranty of a pound of seed that you may plant?" 
Whatever he wants we will agree to. Let him say what he wants, 
and if it is $2 or $500, 1 will get insurance and give him his guaranty 
if he pays the percentage. Yes. we will guarantee seeds. But it is 
meaningless unless there is a specific amount attached to it. What 
does a Avarranty deed mean? It means that that piece of land there 
is warranted to be free and clear, and you get it; and a warranty 
without a description or without an amount attached is meaningless, 
and the seedsmen of this country are willing to give a guaranty, and 
if every customer wants an insurance policy he can get it for any 
amount. I want to read a set of resolutions formulated bj^ this com- 
mittee of seedsmen now present, and then I have finished. These 
resolutions are as follows : 

Whereas Eepresentative James It. Mnnn has iutroduced into the House the 
liill H. R. 13835, the iiiahi piu-pose of which is the prevention of the importation 
and nse of inferior grass, clover, and forage seeds or adulterants of the same; 

Second. Whereas the American seed trade believe their industry primarily to 
I)e one of the most beneficent, helpful, and necessary to the upbuilding of agri- 
culture and horticulture, which underlay the greatness of our country ; and 

30979—08 6 



82 ADULTERATED AND MISBRANDED SEED. 

Third. Whereas the Auierieau seed trade fully recognizes the ueed of a wise, 
l)roteeti\e, and practical measure in their own interest as well as that of every 
Iilauter; and 

Fourth. Whereas the American Seed Trade Association here assembled are 
entirely in accord with that part of the proposed act which would exclude the 
importation of all misbranded seeds, all seeds containing adulterants as such, 
and all adulterants themselves, and would correct any abuses that may exist; 

Fifth. Whereas the working out of a practical and operative law has proven 
as difhcult here as in England and Canada : 

Be it resolved, That the Seed Trade Association agk that suflicient delay be 
given for the appointment of a commission from the House committee having 
the bill in charge and a committee from the seed trade and experts from the 
Bureau of Plant Industry to make such adjustufent of Mr. Mann's bill as the 
practical workings of the act seem to require. 

Chas. Dickinson. 

Jeeome B. Rice. 

Geo. S. Green. 

J. C. Vaughan. 

Walter P. Stokes. 

Chas. N. Page. 

Mr. Mann. I am very much obliged to you gentlemen for the in- 
formation you have given us and I want to say this : I sent a copy of 
this bill and report to all of the members of your association and to 
a large number of other persons who are engaged in the seed trade. 
We picked out from the published list that the Agricultural Depart- 
ment has the people to whom they should be sent, and I have received 
a great many letters from people interested in the seed trade, which I 
think, possibly, I will ask this committee to have printed in the hear- 
ings, because many of them contain valuable suggestions. If you 
gentlemen have any other suggestions which you would like to make 
after you go home, and will write them down and send them here, 
either to me or to any other member of the committee, I assume we 
would have them printed, probably, in connection with the hearings, 
or later give consideration to them. I will say it is doubtful whether 
this committee will have an opportunity to consider in detail this bill 
any further at this session of Congress. It is quite certain that it 
will not get to its passage at this session of Congress. 

Mr. Green. I want to thank you personally, and I want to thank 
the committee, for the consideration and courtesy which we have re- 
ceived here, and we feel that the understanding between the law- 
making power here and the seedsmen is far clearer than it has been, 
and we feel confident that good will result from it. 

Mr. Mann. Thank you. Without objection the committee will 
stand adjourned. 

(At 5.30 o'clock p. m. the subcommittee adjourned.) 



Washington, D. C, April 27, 1908. 
Hon. James R. Mann, 

House of Representatives, Washington, D. C. 
Sir : Referring to the hearing on the 21st instant before the Com- 
mittee on Interstate and Foreign Commerce of the House of Repre- 
sentatives, upon the bill H. R. 13835, given to the various members of 
the seed trade of this country, and particularly referring to your 
suggestion at the close of the hearing in the afternoon that letters 
might be sent to you by such seedsmen as cared to do so, the same 



ADULTERATED AND MISBEANDED SEED. 83 

to be printed with the report of the hearings, I beg to submit the 
following statement : 

In ojDening I wish to state as emphatically as a statement can be 
made that I do not sympathize with the fraudulent adulteration of 
seeds as the same has been said to exist, through the investigations 
made by the Secretary of Agriculture. Further, to the end that 
these harmful practices may be stopped, I am in favor of the enact- 
ment of a law which will make the fraudulent adulteration of seeds 
an offense, and yet will permit the honest seedsmen, who. I am sure, 
constitute a very great majority of the seed trade in this country, to 
conduct their businesses honestly and safely. 

I desire to call attention to some facts with reference to the seed 
trade, which I trust will receive the consideration of the committee 
in making up the bill in its final form for passage. 

First. The garden seed should not be placed in the same class as 
field seed, as it is impossible, in a large majority of cases, to tell the 
various members of a family of vegetable seeds apart in the grain 
from the appearance of the seeds. As has been mentioned before to 
this committee, in the case of cabbage, with its various members — 
kale, borecole, cauliflower, Brussels sprouts, and the various kinds 
of cabbage — the seeds are so nearly alike that it is simply impossible 
to make a separation or to make any distinction which will be at all 
accurate, while in field seed the adulterants are easily told, at least 
under a glass, and the mixtures can be designated to almost a cer- 
tainty. 

Second. Frequently mixtures have been made, through no fault 
of the seedsmen, from the carr3''ing of the pollen from various fields, 
which might not be anywhere in close proximity, by bees and by 
wind storms. Bees have been known to carry pollen for long dis- 
tances, and the mixture occasioned by their work does not show in 
the seed in the grain, nor can it be separated. It is a common theory 
that the cantaloupe and pumpkin are susceptible to mixtures of this 
kind, and for that reason seedsmen have been very careful in plant- 
ing the cantaloupe and pumpkin widely separated. 

A mixture of this character would not show itself until the second 
crop is harvested, and the seedsmen would be put to blame for what 
nature has done, which he was unable to prevent. It is simply im- 
possible for a man having ever so large a farm to control what his 
neighbor shall plant on his farm, and for that reason he is put in a 
very embarrassing position because of a mixture that might occur 
through no fault of his and utterly beyond his control. 

Third. One of the strongest illustrations of nature's unreliability 
and of the likelihood of her creating false charges of the sale of bad 
seeds by the seedsmen, under such an act as H. R. 13835, which has 
ever come under my observation, is the folloAving: 

Several years ago I sold to Mr. John Eickman, of Brookland, D. C, 
a sealed package containing a quarter of a pound of Snowball cauli- 
flower seed. Mr. Eickman planted approximately one-half of the 
seed in his hotbeds in the late winter, transplanting these plants to 
the open ground at the usual time in the spring, and the product 
of these plants was an entire failure as to their producing cauli- 
flower. Mr. Eickman reported the same to me and made the state- 
ment that I would have to refund him the money which he had paid 
me for the cauliflower, which I agreed to do with willingness, but 



84 ADULTERATED AND MTSBRANDED SEED. 

I made this request of him: I asked him at the time if he had any 
of the same h)t of seed left. He tokl me he had about half, or the 
remaining portion from his winter's ])lantin<>-. I, therefore, having 
confidence in the man's reliability^ and his ability as a market gar- 
dener, in Avhich business he had been engaged for many years, made 
him the proposition, that if he would plant the balance of the cauli- 
flower seed which he still had in his possession in the original pack- 
age, that I Avould bear the loss of half of his crop if the seed did 
not turn out well, and make good heads of cauliflower. 

He thereuj)on agreed to i)lant the remainder of the seed, which 
he did in the ope-n gi'ound about the month of INIay, and the crop 
was so good that he bi'ought in one of the heads of caulillower, which 
I had photographed and a print of which I have since used as an 
illustration in my catalogue, a copy of which is pasted on the margin 
of this letter. (Not printed.) 

This should be conclusive evidence to your honoiable couunittee 
that nature sometimes conspires against the legitimate and honest 
seedsmen. 

Mr. John Eickman is now residing in the District of Columbia, 
within call of your honorable couunittee. 

When Mr. Kickman reported this failure to uie it was of such 
serious importance to my business life that I could not, under any 
circumstances, have passed it over without proving conclusively that 
my seed was as good as could be bought. Had 1 passed this over, 
nu' sales of cauliflower seeds would have been a thing of the past, 
and I would have been unable to have sold anything in the way of 
caulillower seed for years to come. Had jNIr. Eickman not been an 
honorable and I'easonable man, and had the bill H. Iv. ISSo."), as it 
stands at present, been upon the statute books, T might have been 
prosecuted successfully as having sold some worthless substance as 
Snowball cauliflower, when in reality the seed Avas genuine and pro- 
duced, under the more favorable climatic conditions in the late spring 
and summer, a prize crop. 

Fourth. Another fact Avhich 1 wish to refer to, and I think careful 
investigation will bear me out, is that seeds fre(|uently. in the course 
of transportation in bags and in liandling from warehouses and 
boats, will vary very materially in the ditlerent portions of the sack 
or container. This is occasioned by the light seed drifting to one end 
of the bag and the heavy seed drifting to the other end. While this 
might not occur in a number of different kinds of seeds, yet it does 
occur and will occur in a munber of other kinds. For instance, you 
take a bag of redtop grass seed, and with its natural mixture of 
timothy seed, and after this seed has gone through the most rigid 
cleaning that is possible we find there is yet left a proportion of 
timothy seed, sometimes more, sometimes less. 

Xow, in the handling of this seed in bags the timothy naturally 
drifts to one end ami the redtop to the other, tluis producing a dif- 
ferent percentage of each in one end of the bag from the percentage 
of the same seed in the other end of the bag. 

Assuming tlie bill H. R. 13835 to have been enacted into law and 
a Government inspector to have entered a seed store and drawn a 
sauii)le from such a bag of redtop seed which would have averaged 
for the whole bag 10 per cent of timothy, the sample being taken 
from the end of tlie bag containing nu)re than 10 per cent of timothy, 



ADULTERATED AND MISBRANDED SEED. 85 

he Avoiild probal)ly institute a j^rosecution airainst the dealer if tlie 
dealer was selliiia- that seed as coiitainiii<2; 10 per cent of timothy, for 
the reason that the sample so di'awn Avoiild show a different and 
greater percenta<>e. And that sample would be used- against the 
seedsman in court. 

We, as seedsmen. I believe to be as honorable as any class of men 
in this country. In fact our business depends almost entirely, or 
yery largely, upon the class of goods which we handle. 

There is no seedsman of any reputation in this country who could 
afford to knowingly put out anything but what was of the best 
quality, and I feel assured in making this statement that if you could 
refer to the contract books of the various seedsmen, in 90 per cent of 
all the contracts made or negotiated there is either written in the 
contract or written in a letter accompanying the contract a state- 
ment that the seed must be pure, true to name, and of good vitality, 
and the large seedsmen carry on exhaustive and painstaking experi- 
ments as to the quality and percentage of dead seeds and vital seeds 
in every sample of seed received for the protection of his own busi- 
ness. But notwithstanding these precautions the seedsman can not 
guarantee a definite percentage of germination. The seeds naturally 
deteriorate and the percentage of vital seeds grows less. 

Further, the farmer is not always reliable, and a bill of this char- 
acter would only lead to frequent ai\d unjust litigation, and I am of 
the opinion that a bill to be placed in acti\e force and enforced to 
the letter, such as bill H. R. 13835, would put all thf seed houses, 
any make no exception — all the seed houses of this country — out of 
business. 

Further, if this bill is only partially enforced it would cause the 
seedsmen to go to vast expense, and would of necessity increase the 
price of seeds from 50 to 150 i)er cent. I speak of this more especi- 
ally in regard to garden seed. In field seed the enforcement of such 
a bill might not increase the cost of seed to the farmer more than 25 to 
50 per cent. This would l)e a serious hardship ui)()n the farming ele- 
ment. We can only judge by our experience of the present year. 
When clover seed was almost prohibitory in its price, we find that at 
least 20 per cent of the farmers have not used clover seed to the ex- 
tent that they ordinarily use this seed. This works very serious con- 
sequences upon the farmers. Clover, as your honorable committee 
is no doubt aware, is not only used as a forage plant, but is used as a 
plant for the building up of the fertility of the soil. It is a theory 
with the farmer that as long as he can pi'oduce a good crop of clover 
his farm will not de])reciate in value as to its fertility. 

I am of the opinion that if clover seed were to continue at the 
unreasonable price which would be occasioned by this drastic bill, 
that the farming element would so seriously feel the added cost that 
it would be a serious hindrance to the farming industry of this 
country. 

Now, to look at this in another way, I am of the opinion that if 
this bill were to be put into force, there would not be a single seeds- 
man, if it were jjossible for him to I'emain in business, willing to give 
the hitherto customaiy credit to the market gardener or market 
farmer. I have no statistics to bear me out, but. judging from my 
personal business and from what I learn in conversation with other 
seedsmen, at least 70 per cent of the market gardeners buy seeds on 
credit. 



86 ADULTERATED AXD MISBRANDED SEED. 

Now, Tve find that 99 to 100 per cent of all the seed sold for cash 
gives satisfaction, and there is comparatively no complaint, but we 
find that where a credit customer has been careless in his cultiva- 
tion of crops and is unable to meet his bills, that the seed is almost 
invariably blamed for the loss of a crop. A bill of the character 
of this, H. E. 13835, would be an incentive for the gardener and 
farmer to make litigation and cause unnecessary trouble for the 
honest seedsman, and for that reason it would be impossible for a 
seedsman to do business on the basis that he has been accustomed 
to do it. even though the law might not be enforced to the letter. 

Our business is necessarily one which requires men of consider- 
able experience. It is impossible in our rush season, and our busi- 
ness is one of only two short seasons in a year, for us to pick up 
additional employees and place them behind our counters to fill 
orders that may come in, and for that reason clerks, on account of 
the rush of orders and limited force of men, might make a mistake, 
and that mistake, with the bill as it was reported to the House, 
makes the employer liable to a fine, and a second mistake to a 
second fine and imprisonment, with no distinction between the 
penalty for mistake and for intentional fraud. 

I am decidedly of the opinion that the bill is unjust as to the 
amount of the fine and as to the imprisonment clause. It being an 
untried bill, I do not think that- it is either fair or just to place a man 
in the position that he has the prison staring him in the face because 
of a mistake which might happen, and has happened even in the 
Department of Agriculture, where they have unlimited means to 
carry on the distribution of seed. 

If you force the seedemen to cut off credit from the farmers, you 
will work a hardship upon the smaller farmers which, I am of 
opinion, members of the Committee on Interstate and Foreign Com- 
merce would hesitate a long while before doing. 

When we remember that millions of people are depending upon the 
market garden for their sustenance, and I feel safe in making the 
statement that 70 per cent of these people depend upon the seedsmen 
for more or less credit, we can but imperfectly realize the hardship 
that would be occasioned by this. 

I sincerely hope that the bill, before it shall pass the House of 
Representatives, will be amended on substantially the lines suggested 
by the seedsmen at the said hearing on the 21st. 
Very respectfully, 

F. W. BOLGIANO, 

985 B Street Northwest, Washington, D. 0. 



Rocky Ford Seed House, 
Rocky Ford, Colo., April IS, 1908. 
Mr. James R. Mann, 

House of Representatives, W ashington, D. C. 
Dear Sir : I have yours of April 9 inclosing copy of the bill known 
as the pure seed bill, "and replying to same will say during the hearing 
on this bill Mr. Bartlett asked the following question : 

" Speaking of the adulteration of seed, is it not a fact that the very 
best seed obtainable will not result as to the character of production, 



ADULTERATED AND MISBEANDED SEED. 87 

but will depend a good deal upon the soil, the manner of cultivating- 
the seed, and things of that sort ? One man on one side of the road 
will have the same seed as another man on the other side, but one man' 
will have a different method of cultivation from the other and will 
get a better result. You can not always expect the result from the 
seeds?" 

This question showed that Mr. Bartlett was quite familiar Avith 
conditions as they are met with very frequentl3^ 

Mr. Tracy's answer in part, " Cultivation is quite as important as 
the seed," was also practical, but the larger portion of his answer was 
foreign to the question and left unexplained a question which should 
have been very carefully and fully answered. 

Being an extensive grower of vine seeds. I speak of my experience 
in this line. 

I planted 85 acres of Mammoth Yellow Summer Crookneck squash 
m rows one-half mile lono-. north and south. The planting stock was 
of the very closest selection. The larger portion of the land was 
newW broken sod land, finely disked and well prepared, but two strips, 
one about 20 rods wide and one about 30 rods wide, extending across 
the field east and west, which had been plowed two years before and 
was what is termed old land. 

All the land was irrigated and cultivated in the same manner. The 
squashes on the old land were 50 per cent larger, a much deeper 3^el- 
low color, and much more heavil}^ warted than those on the new land. 
Thej^ did not look like they came from the same lot of seed, and had 
the old land all been in one field and the new land in another adjoin- 
ing field, the grower having the new land would undoubtedly have 
thought he was given seed of a very ordinary selection of Dwarf 
Yellow Summer Crookneck. The one on the old land would have 
been well pleased with his choice stock of Mammoth Yellow Summer 
Crookneck. 

I have a very fine strain of Improved Kleckley Sweet watermelon, 
and from the choicest seed planted a field of 15 acres. Nearly all the 
acreage was planted on land on which no watermelons had been 
grown before, but a narrow strip was planted where watermelons had 
been grown two years before. The land which had never produced 
watermelons before produced large, finely shaped melons of excellent 
quality, and hardly one off-shaped or with black or shriveled ends, 
while the land where watermelons had been previously grown was 
very noticeable, there being fcAv large, well-matured melons and many 
off-shaped melons with black and shriveled ends. Had these fields 
been grown by different growers one would have thought well of the 
seed and the other would have been sure he was furnished poor, worth- 
less seeds. 

Mr. C. H. ]\Iathis, of Blackville, S. C., tells me that in the South 
no grower of experience will plant Avatermelons two years on the 
same land, even after four or five years. 

Good seed is necessary, but proper soil, proper depth of planting, 
proper cultivation, proper climatic conditions, etc., are also necessary. 

As to vitality. The most valuable sorts are often those of which 
it is most difficult to get high germination tests, while practically 
every seed of common and undesirable sorts will usually grow. 

For instance, the Improved Kleckley Sweet Avatermelon, selected 
for twelve years to produce the finest possible eating qualities and at 



88 ADULTERATED AND MISBEANDED SEED. 

the same tiuie to iuipro\e its shipping qualities, shows a tendency to 
produce less seeds to the melon each year and many melons nearlj?^ 
seedless, and a test of 80 per cent to So per cent on this variety is 
very good. The grower plants 10 to 12 seeds to the hill and gets G 
to 8 plants. He thins down to one plant and that plant, given proper 
growing conditions, produces very desirable fruits; while the Kolb's 
Gem is full of seeds, producing twice as many pounds per acre. The 
vseeds usually test near 100 per cent, but when matrired, if the grower 
has ever enjoyed the privilege of eating a first-class Kleckley Sweet 
Avatermelon, the Klob's Gem is not at all desirable. 

I am heai'tily in fa^'or of a law Avhich will make it unpleasant for 
the person who willfully adulterates or misbrands seeds. At the 
same time, often a test of only 80 per cent to 90 per cent will be 
gotten on very fine selections of seed and at this test a fine selection 
of Rocky Ford cantaloupe seed is worth several dollars per pound to 
market growers, while a careless selection of seed, even though it test 
100 per cent, would be expensive as a gift. 

Let us have a laW' that will drive those ayIio willfully adulterate 
seeds out of business, but let it not be such a law as will make it ex- 
tremely hazardous for the seedman who is anxious to give the best 
possible values to his customers and who is willing to devote his life 
.work to the improving of varieties now being grown and to develop- 
ing new and valuable varieties. . 
Yours, truly, 

D. Y. BuRRELI.. 



Sheboygax, AYis,, April £o, 1908. 
Hon. James R. Manx, 

Washington^ D. C. 

Dear Sir : We acknowledge receipt of your letter of the 22d, and 
it gives us great pleasure to see that your aim and the aim of the seeds- 
men are almost identical; that is, to haA'e a pure-seed law wdiich will 
do away with fi-audulent i)ractices without unduly interfering with 
legitimate business. 

From your bill we think it was principallv aimed at field seeds, 
such as grass and clover seeds, which we think have at times been 
handled by some dealers in such unwarrantable condition as to make 
proper restriction necessary, and a specific bill along these lines and 
plong lines of similar seeds of such varieties as may be easily mixed 
with dead or impure seed of similar nature is of vital importance 
and to the best interest of the country, but to include under a severe 
law other grains that can not be mixed so as to deceive the eye and 
thus create a great deal of misunderstanding and contention and prob- 
ably financial loss upon such grains as need not properly come under 
a pure-seed bill, we think Should be avoided as far as possible. 

From what w'e recently learn from various sources regarding the 
interview which a delegation of the American Seed Trade Associa- 
tion liave had with your counnittee we think you are fully aware 
of some of the hardships which might possibly be brought about by 
certain parts of the bill, and from your attitude it seems to us that 
you are as ready to make proper changes or even delays, if necessary, 
as the seedsmen are to ask it. With such kindly consideration on 



ADULTERATED AND MISBEANDED SEED. 89 

your 23art we have little or no fear of the bill being passed until it 
is relieved of any undue or threatening restrictions to the trade gen- 
erally, and it gives us great pleasure to so understand and expect. 

Thanking yoti for the kindly consideration you are giving this 
matter, we remain. 

Yours, trulv. ' The John H. Allan Seed Co.. 

Per E. M. P. 



[Crosman Bvos., garden, fipld. and flower soeds.] 

Rochester, X. Y., April 25, 1908. 
Hon. Ja^ies R. Mann, 

Washington., D. C. 
Dear Sir : The writer is sorrj- to trouble you Avith more detailed 
matter, and begs to advise you that in this morning's niiiil we are in 
receipt of a letter from the office of the Chief of Bureau of the Agri- 
cultural Depai'tment. signed by B. T. Galloway. Chief of the Bureau, 
to the following effect : 

" Messrs. Crosmax Bros., 

" No. 503 Monroe avenue., Rochester., X. Y. 
" Gentlemen : Your letter of April 9 to the Hon. James R. Mann 
relative to the Government test of seeds and packages obtained pro- 
miscuously from grocerymen and drug stores has been referred to me. 
" I may say that we do not care at the present to furnish anything 
more on the subject than was published in the report on the seed bill. 
" Yours, very truly. 

" B. T. Galloway.-' 

The matter in question is in regard to a paragraph published on 
page T) of Report Xo. 1278 in regard to the " pure seed bill," and 
supposed that all Government experiments Avere the property" of the 
public, and by calling for a more detailed statement of this particu- 
lar test it could be had. The Avriter is very much interested in the 
pending seed law and Government reports in regard to seeds, and 
feel that as a large and long-established house they should be 
favored with such report, upon a request to do so. and supposed that 
the result of such experiments and tests was the property of the 
public, and can get ver}^ little satisfaction from Mr. Galloway's 
letter, a copy of which we have given you herein. We remain. 
Yours, very truly. 

Crosman Bros. 



[Francis Brill, wholesale seed grower.] 

Hempstead. X. Y.. April IS. 1908. 
Hon. Jas. R. Mann. U. C. 

Dear Sir: Responding to your faA'or of the 0th. I had already 
examined the bill known as " pure-seed bill,'' and Avhile T have no 
doubt that your intentions are fair and honorable and well meaning, 
yet. Avith an experience of fifty years as a groAver and dealer in seeds 
and a full apprenticeship Avith my father and as a clerk in Xew York 



90 ADULTERATED AND MISBEANDED SEED. 

and Philadelphia seed houses, I can not conceive how it may be pos- 
sible to regulate the seed trade of the United States. It might be 
possible to hold the grower — the bona fide producer — for he must 
know just what he is handling and selling. 

I am writing now more particularly as to vegetable seeds, beyond 
which I have no personal interest, as I deal in no other. Compara- 
tively few seedsmen (dealers) grow their seeds — not one grows all 
he sells — and the great majorit}^ do not actually gTOW a pound, and 
a good part of what they sell may have passed through several hands 
before they reached the jobber or the retailer. Particularly is this 
the case with imported seeds. To illustrate : Some years ago B. K. 
Bliss & Co. imported from Vilmorin, Andrieux & Co., of Paris, 
France — wholesale seed merchants with a Avorld-wide reputation for 
reliability — a lot of cauliflower seed, very expensive, which retailed 
at $3 or $4 per ounce, which proved to be Savoy cabbage seed," and 
investigation showed that a dishonest clerk, who was about to be 
discharged, displaced the cauliflower seed, su.bstituting cabbage seed, 
and labeled it as cauliflower. To bring it nearer home, I have a very 
superior strain of Danvers carrot and have had seed grown here, 
pure as it could be, but I could not compete in price at wholesale with 
California-grown seed, so I conceived the idea of sending Long 
Island stock seed to an extensive grower in California with an ex- 
cellent reputation and have a quantity grown. I contracted for 
1,000 pounds and received 835 pounds, of which I sold the first 
season about one-half, and in due course ascertained that instead of 
an orange carrot 10 per cent were white. 

There are many ways in which a seed dealer may get , a bad deal 
and yet personall}^ be strictly honest. So far as I am aware, the 
seed business is the only one not controlled by a trust; on the con- 
trary there is not only competition but opposition — strong — in the 
trade. 

The best thing to do with seedsmen who sell impure seeds is to 
■' give them rope enough and they will hang themselves." Dishonest 
dealers can not last: in half a century I have seen many go to the 
wall. I regret that I shall not be able to appear before the committee 
on the 21st. 

Thanking you for courtesy, 

Yours, respectfully, Francis Brill. 



[Simon P. Schoon. grower and shipper of potatoes, onions and onion sets, cabbage, etc.] 

RivERDALE. Chicago, III,, 

April 18, 1908. 
Hon. James E. Mann, 

W ashington, D. 0. 
Dear Sir: I and my neighbors in this vicinity use for sowing 
annually at the present time probably 20,000 pounds of onion seed. 
We have been at this work for a number of years, and although we 
have bought onion seed from growers as well as from seedsmen, and 
although some of us have groAvn onion seed ourselves, we have never 
been able to get rid of certain dead seeds which is demanded by 
your law. We do not see why the law should make every man a 
criminal who handles seeds the way nature makes them grow. We 



ADULTERATED AND MISBEAKDED SEED. 91 

are still buying seed from seedsmen in different cities, but mostly 
from Chicago, and we can't quite see why the law should make these 
seed dealers subject to imprisonment in case they sometimes make 
mistakes, or in case seeds do not grow well under the conditions of 
our land and of the different seed crops any more than to make the 
clothing merchants liable if they esll us shoddy coats or paper-soled 
shoes, or doctors if they can not cure us. 

We have read the law as you have it prepared, and we think every 
planter who buys and uses even the best seed he can get will fre- 
quently be liable. So your humble servants would like to have you 
modify that law which you have prepared. 

Kespectfully, yours, S. P. Schoon. 



CmcAGO, April 22, 1908. 
Congressman ]Maxx, 

Washingfon, D. G. 
Dear Sir : We read this morning an article in the Chicago Tribune 
in regard to your pure-seed bill. As we are growers of pedigree 
seeds, we are very much interested in the above bill, and would ap- 
preciate very much if you would send us copy of same or any other 
information you might have at hand. 
Thanking you in advance, we are. 

Yours!! trulv, The Garton Seed Co., 

W. O. Moss. 



IvODi, Cal.. Apnl 17, 1908. 
Hon. James R, Maxx, 

House of Representatives, Washington, D. C. 
Dear Sir: Your favor of the 3d instant and a copy of your pure- 
seed bill have had our careful attention. 

Adulteration of seeds should be stopped. Small packages of seeds 
sold on commission are the cheapest and poorest, generally speaking. 
Good seeds, the very best that are or can be groAvn on a commercial 
basis, will rarely come up to 98 per cent " pure," as your bill defines. 
While there are glaring wrongs committed in the adulterating and 
misbranding of seeds, we believe that your bill would work a greater 
damage. 

A more moderate beginning should, in our opinion, be made in a 
matter so largely beyond the control of any single grower or dealer. 
No grower can have his seeds 98 per cent " pure," free of weed seeds 
and " rogues," not to mention the kernels or grains therein that will 
not grow. 

We do not think it wise to enact the bill H. R. 13835. 
Very respectfully. 

The Haven Seed Co., 
E. M. Haaten. 



92 ADULTERATED AND MISBRANDED SEED. 

GAI!DE^A, Cal., April 17^ 1908. 
Hon Ja:mes R. Makn, 

House of Re])res(')if(ifires, Wash(iif/f(>ii. D. (J. 

Dear Sir : We have your valued favor of the 9th instant, request- 
ing our views on your " pure-seed bill," and regret that it did not 
reach us earlier, that we might have had more time to answer it. 

Your purpose in introducing such a bill is no doubt intended to 
be of public i>ood in protecting a deserving class who depends on 
the honesty of the seedsmen, in many cases waiting nearly a j-ear be- 
fore knowing the results, and no doubt there are cases where un- 
scrupulous venders, as in all other trades, are too indifferent in their 
selection of seeds for this very important business; but we believe 
your bill to be too binding and jeopardizing to the general trade and 
will be likely to subject the seedsmen and growers of thorough practi- 
cal knowledge, and who are as careful in making their selections as 
it is possible, to unavoidable litigation by men in office, probably of 
much less knowledge of the business. 

For instance, from No. 24, page 2, to Xo. 10, page 3. in your bill 
we consider 2 per cent too severe; as, although we do not grow these 
seeds, we believe it to be impossible for the growers to supply it at 
all times as perfect that there may not be more than 2 per cent mix- 
ture of the grasses, clovers, and other seeds named, as that amount 
of mixture is liable to take place through the thrashing and clean- 
ing of different varieties, as it has to go through so much machinery. 

On page 3, No. 23, to page 4, No. 5, paragraphs 3 and 4, we con- 
sider these two paragraphs are likely to cause nnich trouble, as some 
officials may consider 2 per cent dead seeds sufficient cause to arrest 
the vendor* and inflict the penalty of the law upon him; whereas if 
all seeds will average 75 per cent of vital seeds, the growers of these 
seeds should and would be satisfied, as that is as much as seeds 
harvested in an unfavorable season will average, and oftentimes 
much below this, and if the growers can not dispose of their seeds 
on account of the vitality not being equal to the requirements of the 
Government, which may be 80 per cent, 00 per cent, or 08 per cent, 
then seed growers will have to give up that business and turn, their 
attention to some other industry. 

Pure seeds should be supplied as well as pure food, but the former 
are produced by nature, while the latter is prepared mostly by man, 
consequently seed growers have little power over the vitality of seeds 
produced, but are dependent chiefly on seasons. 

We trust your bill will be amended to suit your purpose without 
endangering" the trade of the legitimate seedsmen, and regret that 
we are not able to attend the hearing in person. 
We are, dear sir, very truly, yours, 

JoHx BoDGER & Sons, 
Per John Bodger. 



JMarbleiiead, Mass., A2>ril 22^ 1908. 
Hon. James P. Mann. 

Pespectod Sir : My son, in the rush of business, being behind in his 
correspondence (my late business being now his), has asked me to 
reply to yours of 3d instant, accompanying House bill relating to 
adulterated seed. As we are not importers of grasses or clovers, or 



ADULTERATED AND MISBRANDED SEED. 93 

wholesale dealers in the same, the portion relatinfj to them does not 
affect lis directly. Have been for fifty years strivino- to snpply the 
jniblic with pure seed, and I believe that this bill will be a help 
toward that* end, and so far I welcome it. Whether the 2 per cent 
limit for impurity among the grasses is, practically, the wise limit I 
nuist leave to the wholesale dealers to decide. Certainly no law can 
l)e too severe on those who knowingly sell bad seed to their fellow- 
men, and every honest seedsman desires to have such weeded out from 
the trade. 

Was ])leased to read the name of our firm among those who had 
not dodged their resonsibility for the seed sold. I believe I was the 
first seedsman to warrant the quality of seed: it can be found in my 
catalogue issued forty years ago. I beg to remain, 
JNIost truly, yours, 

James J. H. Gregory. 



Sheboygan, Wis.. April 20, 1908. 
Hon. James E. ]\[ann. 

House of Representatives, Washington, D. C. 

Dear Sir : Your letter of the 3d came duly to hand during absence 
of writer, which has caused considerable delay in our repl}^, which 
please pardon. 

We greatly appreciate your endeavor to formulate a pure-seed law 
which shall correct some of the glaring and unfortunate conditions 
in certain classes of seeds, but it seems to us that it is a veiy difficult 
matter to make a law which should cover alike all kinds of seeds, es- 
pecially so if there are to be heavy penalties, so ingrafted into the 
bill as to make it possible to bring fine and imprisonment upon an in- 
nocent dealer, simply because of some error which could not be de- 
tected by sight or otherwise until it was discovered in the growing 
crop, and w^e also believe it would be a very unfair position for our 
Government to interfere with the disclaimer in general use by the 
seed triide. The causes are too many and too far-reaching for us at 
this late date to enter into a detail of them, but no doubt others have 
presented these more or less in detail, and it seems from your own ex- 
pression, as found in, first session of House of Representatives, Re- 
port No. 1278, and on page 2, in the third, fourth, fifth, and sixth 
lines, and again at the bottom of the same page, wdiere 3^011 say, " Nor 
is it safe in many cases for the seller of seed to guarantee the char- 
acter, quality, or productiveness of the seed." That you also realize 
that this disclaimer should not be done away with except only when 
the evidence would prove conclusively that the dealer was mixing or 
otherwise handling seeds well known to be a mixture and that, not 
from the natural and usual conditions of growth where such weed 
and other vicious seeds would crowd in unbeknown to the grower or 
dealer, but applicable only to cases where the evidence would show it 
was of malicious and willful intent. Because of this expression of 
your own we trust that you will not only accept the suggestion from 
the seed trade that some certain changes should be made in your bill, 
but that you will use your best endeavor to grant sufficient delay and 



y-i ADULiTEKATJiD AJND MISBKA^IDED SEED. 

also from your own act to assist in making such changes before the 
bill shall be enacted into a law, even if to do so it becomes necessary 
to recall the bill back into the committee for such readjustment. 

We write this not that we are vitally interested, as our own busi- 
ness is mostly groAving of peas and beans, and while it is hot always 
possible to keep these as pure as we would like we do not understand, 
from j'-our bill and the accompanjdng report that any part of your 
endeavor is to phice a penalty upon conditions that can not always 
be remedied in growing, even from thorough endeavor on the part of 
the grower. Experience show s all growers that what under ordinary 
conditions w^ould produce perfectly j^ure seed will under other condi- 
tions produce seed that is very impure, although that impurity can 
not be detected until in the next year's growdng crop, and while it is 
always regrettable no amount of watchful care can always prevent 
unfavorable conditions of this kind. 

Trusting that you w^ill see to it that reasonable changes are made 
so as to bring no hardship upon any, and that at some later date, when 
you have arranged the bill so that you will know beyond doubt that 
there is no unfavorable or unjust clause, we shall be very glad to see 
a pure seed law that wall prevent the importation into this country of 
spurious and harmful seeds, we remain. 
Yours, truly. 

The John H. Allan Seed Co., 
Per E. M. P. 



Portland, Oreg., Ajyril 15, 1908. 
Hon. James R. Mann, 

House of Rejyresentatives, Washington, D. C. 

Dear Sir : Your favor of the 3d at hand, and also copy of pure- 
seed bill, together with the report thereon. Needless to say tliat we 
heartily favor a measure of that kind and trust that the bill may 
become a law. 

As to suggestions that we may have to offer, it seems to us th^t sec- 
tion 5 is inoperative. It provides that no dealer shall be prosecuted 
when he has obtained a guaranty from the person from whom he has 
purchased the (adulterated) article. But, inasmuch as the furnish- 
ing of such a guaranty is not made compulsory, it may not be given, 
and the dealer, though ever so innocent, must face prosecution. If 
wrong in our interpretation of this, kindly set us right. While we 
would not like to see an innocent dealer suffer, we have but very little 
sympathy for such firms who deliberately adulterate seed; and so 
that the former is fully protected you can not, in order to suit us, 
make too drastic the punishment of the latter. 

Feeling very much interested in this matter, we should appreciate 
hearing from you further. 

Yours, truly, Portland Seed Co., 

Per E. C. Johnson. 



ADULTERATED AXD MISBEAXDED SEED. yO 

Sax Diego, Cal., April 16, 1908. 
James R. Mann, 

Washingto/i, D. C. 

Dear Sir: Referring to your letter of the 9tli instant regarding 
the pure-seed bill introduced by you, I sincerely hope it will become 
a law. I think there is nothing that would prove of more benefit 
to honest seedsmen than a law of this kind. I have had trotible in 
the past both with alfalfa and blue grass, the former being adul- 
terated with yellow trefoil and the Kentucky blue grass with Canada 
blue grass, and this in spite of the fact that I paid the highest 
market price for same and supposed I was getting pure seed. Of 
course in all cases like the above the retail seedsman has not the time 
to test for type and invariably has to stand the blame, although 
perfectl}^ innocent. 

I sincerely hope the bill will pass. 

Very truly, Chas. H. Xearpass. 



Minneapolis, Minn., April 18, 1908. 
Hon. James R. Mann, 

Washington, D. C. 

Dear Sir: Acknowledging your valued favor of April 3, we are 
pleased to have the opportunity to express our views regarding the 
proposed seed bill, and we will present them as briefly as possible. 

As may be gathered from the inclosed clipping, taken from the 
Minneapolis Journal of Thursday, April 2, 1008, we would approve 
any measure which w^ould tend to check the selling or use of bad 
seed and at the same time be practical in its operation. Such a 
bill would, we believe, not only be approved of but welcomed by 
the legitimate seed trade of the entire country, for it is in a position 
to realize better than any other class the injury sustained to our 
agriculture by the use of noxious weeds. 

Such a bill, however, would have to be considered with the greatest 
care or it would defeat its own purpose. 

We believe that H. R. 138:35 has its origin in a sincere desire to 
protect the planter from the injurious effect of bad seed. In our 
judgment, how^ever, were it passed in its present form it would strike 
as serious a blow to the pure-seed interests of the country as would 
be possible to inflict, for if we read the bill aright it applies only 
to the exportation and importation of mixed, foul, and adulter- 
ated seed either to or from foreign countries or other States and 
does not cover the individual States. The cleaning and grading of 
grass, clover, or cereal seeds leaves a considerable percentage of 
inferior seed, often more or less mixed with weed seed. Then, too, 
there would remain in the farmers' hands much inferior seed, which 
the cleaners w^ould naturally reject. In H. R. 13835, there being 
no restriction as to the quality of seed sold within each State, the 
natural outlet for such seed would be within the limits of the State, 
and the inevitable result would be the exportation out of the State 
of the best seed and the flooding of every State with foul seed from 
within itself. 

That this is not a fancied evil is proven by the experience arising 
from the operation of the Canadian seed-control act of 1905, under 



96 ADULTERATED AND MISBRANDED SEED. 

which Canada is becomino- infested with foul seed as never before 
in its history. One authority for -this statement is Mr. R. C. Steele, 
president of the board of trade, Toronto. Canada. 

This mioht in time be remedied by the passage of State laws iden- 
tical Avitli the national law, but meantime such damage would be done 
to the agricultural interests of this country as would take years to 
undo. 

There are further features of this bill to which strong objections 
may be reasonably entered. The penalties are too severe. Fines 
which should exceed any possible profit on the transaction should 
be quite sufficient, especially when it is considered that the seller 
would at all times be at the mercy of unscrupulous competitors and 
revengeful employees. 

Vegetable seeds, flower seeds, and bulbs, there is practically no 
adulteration in these. They are bought, not by sample, but on faith 
in the grower; any seeds not testing satisfactorily on arrival are re- 
jected by the purchaser, and if upon growth are found to be mixed 
he seeks another source of supply. 

It is in gTass and clover seeds, containing weed seeds which re- 
semble the true article sufficienth^ to deceive the inexperienced and 
often the experienced, that the greatest injury is sustained, and by 
far the greater part of such seeds are imported. The weed seeds 
which are conniionly found in American-grown seed are, for the most 
part, easily recognized and are familiar to most planters, and, with 
the exception of mustard, which is easily detected, are not calculated 
to work great harm. The weeds found in grass and clover seeds, 
which do the greatest harm, are those found in imported seeds. We 
refer to such seeds as dodder and buckhorn. 

We have therefore the following to suggest : 

First. The Secretary of the Treasury to furnish to the Agricultural 
Department samples of each lot of grass and clover seeds oifered for 
entry into this country. That the Department of Agriculture be au- 
thorized and directed to reject all grass and clover seeds containing 
the above-mentioned seeds. 

Second. If it be considered that the adulteration of Kentucky blue 
grass with Canadian blue grass is sufficiently harmful, then the im- 
portation of Canadian blue grass into this country be prohibited. 
We are inclined to think this would be a good measure. There are 
some soils and situations in which it is claimed that Canadian does 
better than the Kentucky blue grass, but this is more than overcome 
by consideration of the fact that Kentucky bjue grass is being shame- 
full,y adulterated with Canadian blue grass on account of the re- 
semblance of the last-named seed to the first, and its low price. 
Inasmuch as little or no Canadian blue grass is grown in this country 
the prohibition of this seed would help greatly in maintaining the 
purity of Kentucky blue grass. 

Third. On account of the above and many other reasons which may 
be reasonably urged, we suggest that a conimission be appointed to 
investigate these and other questions in connection with the seed 
interests of this country, and that a bill be prepared which will se- 
cure, so far as may be, the growth and dissemination of a high quality 
of seed, which bill shall be on such a basis as will also encourage the 
legitimate seedsmen of the country. , 



ADULTERATED AND MISBEANDED SEED. 97 

It is a trite sayint^ that the prosperit}^ of this country is based on 
its aa^riculture. If this be true, the seed interests are at the bottom 
of aoriculture. It is a subject, then, which should be approached and 
handled with great care, and the matter should have the fullest 
investigation. 

^Ye are of the opinion that after such a committee shall have made 
its investigations and its report, it would be determined that legisla- 
tion was unnecessary. Such was the conclusion of the committee 
from the Board of Trade of England, to which the matter was re- 
ferred by Parliament, and which, after exhaustive and painstaking- 
inquiry, concluded that the agricultural interests of the country 
would be best served by no legislation. 

The real remedy is being brought about by the education of the 
farmer in the use of good seeds. He can now send samples to the 
experiment stations or the seed-testing division of the Department of 
Agriculture for examination. If he plants poor seed it is his own 
fault. Meantime, we believe that whether there be further legisla- 
tion or not, the stoppage of seeds above referred to containing seeds 
of dodder, buckhorn. etc., would help to clear the situation, and the 
importation of Canadian blue grass might be prohibited. 

There are other things which might be said about this bill — ^for ex^ 
ample, any seed bill should carry with it provision for official analysts, 
whose decision should be final. It is a fact that the analyses of any 
two or more analysts seldom agree, even analyses of the same sample 
sent at different times to the same analyst are rarely identical. 

There are other points to which we would like to call attention, but 
as they will probably be brought up by others we wiU not particular- 
ize, but will only urge that a matter so important to the people of this 
country, as well as the seedsmen, shall not be acted upon without time 
for a full consideration of the interests of all concerned. 

In conclusion we desire to again thank you for the opportunity 
afforded us. 

Yours, very truly, Xorthrup, King & Co., 

J. E. NORTHRUP. 



Agnew Seed Company, 
(rreeley, Colo., April 15, 1908. 
Hon. Jas. K. Mann, 

Washington, D. C. 
Dear Sir : Your favor of the 3d instant asking for our opinion of 
your pure-seed bill was received sometime ago. We Have read your 
bill and, frankly, do not think much of it. They have too much law 
and not enough justice in this country already. The bill will afford 
employn\ent to a few more second-class clerks, but doubt whether it 
will make people any more honest tlian they now are. T tliink it is 
a good deal like the free-seed distribution — pretty much of a farce. 
It will act as an advertisement, but I doubt veiy much whether it will 
do any good. 

Yours, truly, J. B. Agneav. 

30979—08 7 



98 ADULTERATED AND MISBRANpED SEED. 

New York, April 1,S\ 1908. 
Hon, Jamj:s R. Mann, 

House of Representatives.^ Washington^ D. C. 

Dear Sir: In further reference to your esteemed favor of 3d in- 
stant we beg to say that we have given as much consideration as pos- 
sible at this season to your pure-seed bill, and our Mr. Bruggerhof 
has prepared a paper to be read by Mr. Wood, one of the meml)ers of 
the AVliolesale Seedsmen's League, before the Committee on Inter- 
state and Foreign Commerce of the House of Representatives on 21st 
instant. 

We trust due consideration will be given to our Mr. Bruggerhof's 
suggestions and remarks so far as they are entitled to such. 

We regret it will be impossible for our president to appear before 
the committee in person. 

Yours, truly, J- M, Thorburn & Co. 



Hastincjs, Nebr., April 15, 1908. 
Hon. jA:\rES R. Mann, 

Honored Sir : Yours of April 9 received. You can not make your 
bill too strong. Allow only pure seeds, etc., to enter. European 
countries have been dumping their worthless seeds here infested 
with all kinds of calamity (weeds) and we have allowed it. It is 
a shame. One of our cities in this State has received 7 car- 
loads of alfalfa seed, " European." This tested 47 per cent alfalfa. 
The balance consisted of all kinds of calamity seeds. Of the 47 
per cent of alfalfa seeds less than one-third grew, the other two- 
thirds of 47 per cent being of so low a vitality it failed. The loss to 
farmers is great, but the damage of spreading all those obnoxious 
weed seeds is many times greater. I repeat, make it strong, allow 
nothing but pure to enter, and enforce immediately what should 
have been done years ago. 

Very respectfully, . Chas. W. AYinkler. 

P. S. — I wish a book — Weeds.and How to Destroy, giving cuts of 
seeds and plants, etc. Where can I obtain, please, and cost. We 
grow alfalfa hay, sted, and honey. Thanking you in advance. 



Pulaski, Iowa, Apnl 16, 1908. 
Hon, James R. Mann, 

Washington, D. G. 
Dear Sir: With reference to H. R. 13835, would say that if this 
bill prohibits one seed dealer to ship to another seed dealer mixed 
seeds or seeds in the rough, as we call it, I am very nnich oi)posed 
to it. We buy timothy seed from farmers containing redtoj), clover, 
and weed seeds of different varieties, and often sell to dealers East, 
just as we receive it from the farmers here. To prohibit this kind 
of traffic would work a hardship on the farmer as well as upon us. 
Yours, very truly, 

J. J. Miller, 



ADULTEEATED AND MISBRANDED SEED, 99 

Terkkbonne Investment Company, 

Chicago, April 16, 1908. 
Hon. James K. Mann, 

House of Hepresentutires, Washington, 1>. ('. 

My Dear Mr. Mann : My attention has just been called to a bill 
which you seem to have " fathered." H. K. 18835. Now, my dear boy, 
you nnist not permit such a bill to become a law. 

I am interested, with a few more citizens of our connnunity. in the 
development and cultivation of a very large tract of land — more 
than a million acres — and while we Mant good seed to plant we also 
have much to sell, and I am dead certain I do not want to go to 
Leavenworth for selling the seed which Dame Nature has made. I 
am heartily in favor of providing against frauds which may be prac- 
ticed by the unscrupulous Avho deal in seeds, but the producer and the 
honest dealer should be [)r()tected, l)ecause he can not be held responsi- 
ble for the germinating (jualities of any seed grown. 

Before you condemn an honest dealer in seeds you nnist first find 
a way for nature to guarantee the quality she produces, and it appears 
to me to be a very difficult matter for the dealer to know just what 
])ercentage of seed will germinate each year, as you doubtless know 
that the conditions are never the same. 

I recommend that you give every consideration to the views of Mr. 
Charles Dickinson, of the Albert Dickinson Company, of Chicago, 
whom I have known for more than twenty-five years, and there is no 
man in the country better ([ualified to pass upon the merits of this 
question than he. 

His company is the lai"gest dealer of seeds in this country, and all 
Chicagoans who know anything of the business life know well that 
they stand for the honest and upright handling of any commodity 
which passes through their concern. 

This bill is a serious matter as now framed, for it will place the 
honest dealers in jeopardy and greatly damage the industry. 

Please take your pen in hand and change it so that the honest dealer 
may be protected and the unscrupulous fellow be sent to Leaven- 
worth. I Avill try personally to stay on the outside myself. 

With kindest regards to yourself and family, I beg to remain. 
Yours, very truly, 

G. E. HiGHERLY. 



SOCIETY OF AMERICAN FLORISTS. 

Morgan Park, III., April IS. 190S. 
Mr. J. C. Vaughan, 

The New Willard Hotel, Washington, D. C. 
Dear Sir: I have learned with surprise and much regret that a 
most drastic bill has been introduced in Congress bearing upon the 
seed business. I have not as yet been able to obtain a co])y of this 
bill, but have been advised that it is very far-reaching in its effects. 
As neither this society nor the Horticultural Society of Chicago have 
been consulted regarding it, I am greatly in fear that it will do much 
harm. 



100 ADULTERATED AND MTSBEANDED SEED. 

The seed business is a most peculiar and difficult one, very intricate 
in its details, and full of difficulties which the ordinary man does not 
know and can not appreciate. 

Any legislation adopted Avithout careful consideration and consul- 
tation with the best growers, sellers, and users of seeds is bound almost 
to a certainty to be bad in its effect on the business of perhaps the 
most progressive, the most enterprising, and so far as my quarter of 
a century's active experience in buying and using seedsmens products 
goes, one of the most honorable and upright classes of business men 
in the country. I know of no class of men who have approached the 
seedsmen in the amount of work that they are doing in a broad and 
intelligent w^ay to beautify the homes of the people and to banish the 
ugly and unsightly. I know, too, from long years of business ac- 
quaintance with yourself and many other leading seedsmen, what 
ceaseless vigilance is displayed, what enormous sums of money are ex- 
pended, and how strenuously each vies with the other in increasing 
the standard of purity and excellence in his products. 

I also know that all of this honest, intelligent, and painstaking 
effort that is being made, and this great expenditure of monej" never 
results in certainty, and never can, and that any restrictions imposed, 
unless most carefully considered by those competent to know, will 
simply result in penalizing honest and upright tradesmen for things 
utterly bej-ond their power to contrc^l. 

Of course we have the dishonorable and unscrupulous always with 
us, but so far as my experience goes the percentage of such men in 
the seed business is very small, and dishonesty in that line automati- 
cally brings its own punishment, perhaps to a greater degree than in 
any other line of business.- 

I trust that you w411 make every effort to have this bill withdrawn 
and submitted to this society for consideration. It is needless to call 
your attention to the fact that this society is incorporated under a 
national charter, that it comprises the leading men in all branches of 
ornamental horticulture throughout the country, and I believe it can 
speak with authorit}^ as to what legislation is advisable and as to what 
is unadvisable. 

Very truly, yours, W. N. Riidd. 



New^ York, March 10, 1906. 
Hon. James Wilson, 

Secretary of Agriculture, Washington, D. C. 

Dear Sir : At the interview which you kindly granted to a few of 
the leading members of the seed trade on the 6th instant, on the sub- 
ject of the adulteration of Kentucky blue grass, orchard grass, 
alfalfa, and red clover seed, you asked us to embody our views as 
then expressed in the form of a letter. This we now do. 

AVe commend the work you have accomplished in this direction, as 
evidenced by your circulars No. 14, dated October 23, 1905, and 
No. 15, dated February 7, 1906, with this exception, that it does not 
seem to us fair that samples showing less than 5 per cent (or even 
10 per cent) should be classed under the same heading as samples 
showing 15 per cent to 90 per cent of foreign matter. 



ADULTEKATED AND MISBRANDED SEED. 101 

For example, in circular No. 11, October 23, 1905, a sample of 
alfalfa seed from James J. H. Gregory & Son, Marblehead, Mass., 
shows 3 per cent adulterants, while on the next line above it one from 
J. A. Everitt, Indianapolis, Ind., shows 13 per cent. More extreme 
instances could be given, but this will suffice. 

We respectfully submit for your consideration that it seems to us 
unfair that this should be. for the reason that anything under 8 
per cent might easily be accidental and difficult to detect by the eye 
of even an expert, while samples having 10 per cent or over of adul- 
terants are undoubtedly cases of deliberate adulteration. 

We would therefore recouniiend. say, !S j)er cent as the line or limit 
for taking such sweeping steps as the publication of the names of 
offenders. 

We notice the adulterant most largely used in alfalfa and red 
clover is trefoil or yellow clover {Medicago lupuUna). We ceased 
offering this in our catalogues eight years ago, and prior to that our 
sales of it did not average more than 200 pounds per annum. This 
same ratio we find holds good in the case of J. M. Thorburn & Co., 
of New York; W. Atlee Burpee & Co., William Henry Maule, and 
Johnson & Stokes, of Philadelphia, so that the trefoil required by 
the whole of the seed trade of America for legitimate purj[)()ses may 
be considered as very small, yet, from your reports, it is amuially 
imported in immense quantities. 

With the Department's facilities for getting this information (if 
you have not already got it) we would suggest that j^ou find out 
who' imports trefoil in such quantities. The firms or individuals 
who make a practice of doing this are the ones to reach, as, in 
the case of alfalfa and red clover, you would then reach three- 
quarters, if not nine-tenths of the trouble. The importers or manip- 
ulators are the real culprits, and not so much the small venders you 
mostly expose; although there is no excuse for them within the limits 
Ave have recommended, so long as the Department is willing, as you 
mentioned, to test and analyze samples of clovers and grasses free of 
charge. 

In this connection we would respectfully draw your attention to 
the form of ajiplication which senders of samples have to fill in 
(one of which we inclose). We do not think it fair that the seeds- 
man should be asked, even by the Department, where he has his 
seeds grown or what price he had to pay. 

These, sir, are the views of the deputation which you kindly re- 
ceived on Monday last, and they are based on practical experience and 
facts, which you know are '"' chiels that winna ding." They are re- 
spectfully submitted for your serious consideration. 
Yours, truly. 

Peter Henderson & Co. 



Boston, J/a>/ J, 1908. 
Hon. William P. Hepburn, 

Chairman Committee on Interstate and 

Foreign Gommevce, House of Re presentatives. 
My Dear Sir: At the suggestion of Hon. James R. Mann and of 
Hon. Charles E. Townsend, members of your said committee, I am 
sending to you herewith the signed objections of all the Boston seed 



102 ADULTERATED AND MTSBEANDED SEED. 

merchants to the bill II. R. 1:'>S85. or so-called " Pure seed bill." now 
peiuliii^: in your connnittee. These Boston merchants desire to have 
these objections printed and made a part of the record of the hear- 
xng on this bill before your connidttee on April 21, as they believe 
that a consideration of these objections may not only materially 
assist your honorable committee in the future consideration of this 
bill, but also perhaps protect them from ill-considered legislation. 
Thankino; you for your courtesies, 

I am, dear sir, yours, very respectfully, 

CiKTis Xye Smith. 

Ohjeotions of the undersigned seed merchants to hill II. R. 1J8M, or 
so-eaUed " Pure seed I) ill." 

At a hearing before the Committee on Interstate and Foreign Com- 
merce on April 21, 11>08, in the matter of the bill above mentioned, 
the chairman pro tempore, and also the author of said bill, invited 
the filing of objections to the bill. We, the undersigned, therefore, 
who are very extensively interested in both the wholesale and retail 
purchase and sale, and the importation and exportation of agri- 
cultural and horticultural seeds and bulbs, respectfully file the fol- 
lowing objections to said bill and offer to substantiate the facts 
herein stated at such time and in such manner as the committee may 
request. 

We have been engaged in the seed business for many ye;irs. We 
have tried, so far as human ingenuity and skill ^^•ill permit, to buy 
and sell seeds as pure and good as is possible. 

We unqualifiedly state that we are in entire sympathy with any 
legislative act, either by Congress or by the States, which Avill pre- 
vent or lessen the willful adulteration or misbranding of seeds and 
bulbs with intent to deceive or defraud the j^urchaser thereof. AVe 
assert that any form of fraudulent adulteration or misbranding of 
seeds is injurious and repugnant to our business. We believe that 
much of this sale of bad seed is done by small local traders, as is 
indicated, for instance, by the report of tlie Seci'etary of Agriculture 
of February 15, 1908, beyond the reach of a Federal law, and we 
therefore urge Congress to be cautious of injuring oi" annihilating 
the business of honest men or seriously affecting the purchaser of 
seeds and bulbs by an act that either is too severe or shows little 
appreciation and knowledge of the nature of seeds, their changing 
vitality, and crop conditions. 

To be as brief as possible we shall discuss seriatim the several sec- 
tions of this bill. 

Sec. 1: This section states the jurisdiction and provides the penal- 
ties for violation of the act. On page 2, line 4, the Avords " or other- 
wise " are open to objection. By these words any transportation of 
seeds under the ban of the act becomes a violation of the act. We 
suggest that there are instances where it is desirable to send seed, 
for instance, to vai'ious experimental stations for testing purposes. 
These seed might perchance contain seed which, under the terms of 
the act, are adulterants or noxious Aveeds. Again a seedsman might 
desire samples of ]:)ernicious seeds in order to be able to identify 
them. Doubtless Congressmen Avould still like to send seeds, at the 
Government's expense, to their constituents, though they would not 



ADULTERATED AND MISBRANDED SEED. 103 

like to be imprisoned for a year if by any oversii>:lit of themselves 
or their agents some 1200,000 red-clover seed contain one dodder seed. 
In these and many otlier cases the sender or receiver or both lias 
violated the act. 

The penalties proxided are altogether too severe. Imprisonment 
in any event should be eliminated. If the adulteration or mis- 
branding is nnintentional the fine should be light; if intentional, 
then heavier. The propriety of our criticism must be apparent 
after our statements regarding the following sections of the bill. 

The act provides that the Secretary of Agriculture shall make the 
rules carrying out the provisions of this act. In the pure-food act 
of 1900. tipon the lines of which the seed bill is evidently framed, 
the Secretary of the Treasury, the Secretary of Agriculture, and 
the Secretar}^ of Connnerce and Lalwr are designated as the makers 
of such rules. "We think such provision is wiser and ought, espec- 
ially, as the Secretary of the Treasury has duties to perform under 
this bill, to be incorporated in the seed bill. 

All references in this section to exportation of seeds and bidbs 
should be eliminated. The object of the bill is, we suppose, to 
protect the inhabitants of the United States. Exporters of seeds 
should not be required, especially where seeds are shipped without 
cleaning and grading, to the same regulations as seed for domestic 
use. Such added requirements would increase the cost of export so 
that there would be no market for the product. Competition would 
rule the seeds out of the world market. It would also be unprac- 
tical and impossible to govern such traffic. . Xo otlier country that 
we know of has such a provision. The Canadian act of 1905, we 
know, does not. 

Sec. 2 : This defines the term " seed." 

Under this definition the bill includes all seeds for seeding pur- 
poses. Seeds are ])urchased for tliis purpose, but require cleaning, 
grading, and storing. The bill absolutely prevents these and other 
very necessary duties, and a provisio covering these matters shottld 
be added. This is provided in the Canadian act of 1905. 

Sec. 3: This section gives the arbitrary definition of the adulter- 
ation of seeds and bulbs and has four paragraphs or clauses. 

Clause 1. — This clause deals first with the adulteration, either 
willful or innocent, of orchard grass, Kentucky blue grass, clover and 
alfalfa with certain other named seeds, the percentage of purity or 
freedom from such other seed being 98 per cent. We claim the mar- 
gin of 2 per cent is too close. It ought at least to be 5 per cent. In- 
asmuch as the act operates against the entirely innocent as well as 
the intentionally fraudulent offender, and in view of the great simi- 
larity of some of the so-called adulterated seeds to the true seeds, a 
safe percentage for honest ertor ought to be made and Ave believe such 
percentage would be 5 per cent. This would not leave a sufficiently 
great inducement to the willful adulterator and yet permit the honest 
seedsmen to continue to sell grass and clover seeds. Another point 
against the 98 per cent purity requirement is that the large whole- 
sale or retail merchant, against whom this bill is directly and almost 
solely aimed, must purchase his carload lots of seed from many 
sources, all of which he can not rely on for the purity of the seeds. 
Much of the mixture of bad and good seeds can be laid to the door of 
the grower who has every opportunity to watch the growth and elimi- 



104 ADULTERATED AND MISBRANDED SEED. 

nate the impurities. The cleanin"' and grading of the seeds can be 
done well up to a certain point, but some seeds are so similar in 
appearance and weight that they can not be separated for commer- 
cial purposes to the high standard demanded in the bill. Yellow tre- 
foil and red clover seed are of the same size and weight, and the win- 
nowing and separating machine can not separate them absolutely, 
and yellow trefoil is frequently found in the same field with red 
clover. 

Your committee's report to accompany this bill says that Kentucky 
blue-grass and Canada blue-grass seed are " very similar " in appear- 
ance, but the two can be told " apart when examined Avith a lens." 
Experts, and not seedsmen engaged in the competition of trade and 
with large expenses, can take the time to do this delicate work, but 
seedsmen are dealing in ton lots and can not do this and keep in 
business. 

The proviso " that no seed shall be deemed adulterated when ac- 
companied bv a statement or label giving the name and amount or 
proportion of eacli of the kinds or varieties of seeds contained therein "' 
does not help the seedsmen, for the duties demanded by it are alto- 
gether too rigorous. The expert must name each variety of seed. If 
a strange weed seed from a foreign clime creeps into the seed, the 
little fellow must be named and that correctly. There is not a seeds- 
man in this country engaged in the purchase and sale commercially 
of seeds and bulbs who can accurately, or even at an approach to 
accuracy, name all seeds and so label their goods. The Department 
of Agriculture can not do it. We send specimens to the Department 
and get reports that such an official thinks the specimen such and 
such, but he has sent to South America for samples to prove the accu- 
racy of the opinion. The Canadian act does not demand such an 
astonishing duty. Florida demands a guaranty on the label when, 
where, and by whom all garden, melon, and vegetable seeds were 
grown. North Carolina requires the label to state the year in which 
the vegetable or garden seeds were grown. Maine requires a guar- 
anty of the percentage of purity of seeds. 

We urge a more liberal proviso, to wit, '•''Provided, That no seeds 
shall be deemed adulterated within the meaning of this paragraph 
M'hen it is accompanied by a statement or label, in the form and 
manner prescribed by the rides and regulations in this act provided 
for, giving the approximate amount or proportion of said seed in con- 
tainer or package to which said statement or label is attached." 

Well known among seedsmen and most purchasers of seeds are 
" mixtures " or " blends " of grass, clover, or other seeds. The seeds- 
man finds a certain mixture of grass or clover better adapted to 
climatic soil conditions, and so recommends it, his integrity and the 
success of the '' mixture " being the basis of the sale. This " mix- 
ture " naturally is his trade secret and ought not to be divulged. The 
bill, as it noAv reads, prevents this. Tf the " Pure Food Act " is 
copied for a " pure seed act " seedsmen ought to have the benefit of 
this same privilege of selling " mixtures." We suggest a proper pro- 
viso covering this matter as follows: '\1/k/ provided fv ft /) er. Thut 
no seeds shall be deemed adulterated within the meaning of this act 
in the case of mixtures or blends, when accompanied by a stsitement 
or label in the form and manner prescribed by the rules and regula- 
tions in this act provided for. stating plainly that they are ndxtnres 



ADULTERATED AND MISBRANDED SEED. 105 

or blends of two or more varieties of seeds, and in such cases it shall 
not to be necessary to disclose the names, amounts, or proportions of 
the kinds or varieties of seeds or bulbs contained therein." 

We now consider that clause in paragraph 1 of section 31, to 
wit, " or if any seed or bulbs purporting to be of one kind or variety 
contain more than two per centum of another kind or variety, such 
other seed or bulbs being similar in appearance or of lower market 
value." 

In so far as the mingling of several ^'arieties is knowingly and 
willfully done with intent to deceive or defraud the purchaser we 
approve a prohibition, but this clause is so sweeping and fails so 
absolutely to comprehend the nature of seeds, that it is not exag- 
gerating to say that no seedsman can safely do business with such a 
law above him. This broad clause brings under this act not only 
grass and clover seeds, but also vegetable, flower, and cereal, in fact, 
all agricultural and horticidtural seeds and bulbs. Seedsmen deal in 
about 5,000 different varieties of seeds and bulbs. Nature has been 
so ordered that manj^ of the generating follicles of plant life have 
the same appearance to the eye, the same weight, and so forth. 
Sometimes this similarity is so absolute that no person can differ- 
entiate the seed of several varieties. In some cases the expert can 
separate, but not the ordinary seedsman. We have above mentioned 
how red clover and yelloAv trefoil are of the same appearance and 
weight. Eye-grass seed can be differentiated from meadow-grass 
seed by the trained eye, but many seeds of these two varieties look 
exactly alike. Your report says that the lens can tell the difference 
between Kentucky and Canada blue-grass seed. Varieties of turnip, 
cabbage, and cauliflower seeds can not be told apart. Certain bulbs 
are quite likely to be similar in every way. As an example take the 
bulbs of Lillium longiflorum and Lillium harkisi ; there is absolutely 
no way to tell them apart. It is a mere cataloguing of seeds to show, 
at greater length, the very great similarity of seeds and bulbs. Even 
if the seedsmen, Avith the greatest possible desire to separate seeds and 
bulbs similar in appearance or of lower market value, laboriously 
examines e\erj seed or bulb, he can not avoid a mistake. Even if 
the foreign consignor uses the greatest care.in the growing, gathering, 
and packing of seeds and bulbs, and the consignee uses the same care 
in handling the consignment, yet a mistake or accident may occur 
which, may mingle the varieties. For instance, to the knowledge of 
one seedsman a mingling of these two lilies occurred in the custom- 
house by the Government officials. There are countless instances 
where an unknown and innocent mingling of two or more similar 
varieties might occur. In all these instances the seedsman is at the 
mercy of others or of circumstances. The grower can tell what 
variety he has by the plant, the flower, the smell, the tast, and general 
appearance. The purchaser of the seed sows it, grows his crop, and 
has a like chance to test the variety by the same various outward 
signs. The seed merchant has absolute!}' none of these signs. He has 
the small seed that looks and weighs exactly like other variety of 
seed. This bill asks the impossible. All flower, vegetable, and cereal 
seeds and bulbs should be entirelj'' eliminated from the bill except to 
13revent the willful adulteration or misbranding of these seeds and 
bulbs. 

Mr. Charles D. Woods, director of the Maine Agricultural Station, 
states in his Bulletin Xo. 152 : " The law regulatino- the sale of affri- 



106 ADULTERATED AND MISBRANDED SEED. 

cultural seeds was more particularly intended to apply to grass seeds 
than to ordinary vegetable seeds,"" The clause should be omitted. 
Its effect is secured by other claiises in the bill. If it must stay, this 
important proviso of " intent " must be clearly made an essential 
element in this and every other clause affecting said seeds and bulbs. 
The Canadian act does not ask this impossibilitv, nor do the various 
State laws. 

Your report, above referred to, states: ''The only way, therefore, 
of reaching the present situation is by forbidding to a limited extent 
interstate commerce in seed which has been deliberately adulterated 
or misbranded and forbidding the importation of seed either in- 
tended for adulteration purposes in this country or which has been 
adulterated before importation." Therefore your bill singularly 
fails to prohibit what your report declares to be the only way of 
reaching the situation. We interpret your word '' deliberate " to 
mean the '' willful, intentional adulteration or misbranding of seeds 
or bulbs." 

Therefore to place your ideas in legislative enactment the bill 
should introduce this element of " intent " into all clauses of sec- 
tions 3 and 4, except second and third clauses of section 3. 

The proviso of clause 1 of section 3 does not in the least relieve 
the honest seedsman. It does not recognize his /inability to differen- 
tiate varieties. 

Another apparent error in this clause is the wM:)rd '' or." This per- 
mits the violation of the act if a seed similar in appearance but of a 
higher market value is substituted^ The word " and " would cor- 
rect this error. 

Clause 2. — Dodder is an evil weed and every seedsman hates it. 
However, it does creep in, and if we required the importation of 
17,929,987 pounds of various seed in the year 1906, as your report 
states, we must not prevent this importation by such an absolute rule 
of exclusion as is given in the bill. This should read '' a trace of dod- 
der," trace having a definite meaning. The clause " or if any seed 
contain weed seed, rendering it unfit for seeding purposes," Ls too in- 
definite. What does " unfit " mean? Who is to determine this state 
or condition? The Canadian act confines its operation to the grass 
and clover seeds, but this clause oi>erates against all seeds. Is it the 
object of the bill to free the farmer from hoeing and cultivating, or 
to supply a relatively pure seed? In any case, the cost of the seed 
that it would be necessary to charge, under the requirements of this 
bill, would be so very much higher that the seedsman Avould not be 
the only objector to this bill. 

Clause 3. — This is another very objectionable clause. By " dead 
seed " we infer the meaning to be seed that will not germinate. The 
variations in crop and weather conditions and the soil, beyond the 
poAver of man to control, make seed good, bad, or indifferent in the 
germination qualities, and no matter what conditions govern, there 
IS the same demand constantly for seed to plant. The germination 
lest is not the only question to be considered. Sometimes the results 
from a sample of seeds that do not show up well in percentages of 
germination are much better than from a liigher proof germination. 
For instance, a sample of 190(5 corn did not show better than 65 per 
cent germination, yet that seed corn was much better for the farmer 
than the 1907 higher proof seed corn. Another instance is that of a 



ADULTEKATED AND MISBRANDED SEED. 107 

Boston nierchiiiit who sent his higliest grade celeiy to th^ State test- 
ing laboratory at Amherst, Mass. The director sent back 27 per cent 
nongerminating seed. Under the wording of the bill these seeds 
would have contained sufficient dead seed to have materially reduced 
the value for seeding purposes. If this merchant had to have every 
pound of seed tested, and the best celery seed is imported, the time, 
expense, and trouble involved would at least demand a price of $4 
per pound instead of the $2 now charged. It is clearly far better for 
the gi'ower to pay the small price and, if he so desires, separate the 
seeds himself, than to pay the heavy additional price. As Bulletin 
No. 121 from the Massachusetts Agricultural Experiment Station, at 
Amherst, Mass., shows, there are a few methods which the farmer 
can employ in the separation process. The indefiniteness of the 
clause '• materially reducing the value for seeding or planting pur- 
poses " is objectionable. We believe the clause does not show a proper 
appreciation of the difficulties surrounding the procurement of seeds. 
The seedsman has no opportunity to make a germination test in the 
case of some seeds, and in other seeds germination takes such an ex- 
tended time that he can not market his goods. If there is a great de- 
mand for red-clover seeds, with no supply in this country, there will 
be a hasty requisition on Europe. The supply is secured, but the 
farmer can not wait for this germination test, and of course the im- 
porter can not get any guaranty provided in section 6 of the bill. 
The farmer is again hurt, for a complete test of germination will take 
thirty to forty days. It is not the province of this statement to give 
numerous illustrations, but only enough to indicate the errors com- 
plained of. The bill does not attempt to regulate this matter in in- 
terstate commerce, and by reason of the serious objections to it it 
should be Avholly omitted. Xo other country or State has such a law. 

("7av,sc ^. — This is objectionable for the reasons stated in our re- 
marks on clauses 1 and 3 of this section. 

The innocent adding of any dead or weed seed should not be penal- 
ized. There should be inserted the element of intent before the word 
"added." 

Sec. 4r. Chni.se 1 . — This clause is especially objectioiuible. The ar- 
guments recited in our objections to clause 1 of section 3 are appli- 
cable to this section. By this clause by the use of the word '" or *' 
an honest mistake or an error not due to the seedsman at all but 
to the customs inspectors, as in the case of the lilies, is punishable 
to the same extent as if the seedsman picked the pocket of his cus- 
tomer. 

The clause shoukl be amended to read : 

'* When seeds of one definitely distinguishable kind or named 
variety shall be knowingly and willfull}' substituted and offered for 
sale under the name of another definitely distinguishable kind or 
named variety with intent to deceive or defraud the purchaser of 
said seed: Providid, That nothing in this act shall be construed as 
requiring or compelling any dealer in or growers of seeds to dis- 
continue the use of any name applied to a distinguishable variety 
of seeds or bulbs which he has so used and applied prior to the ap- 
proval of this act." 

(l((vs;e 2. — To say that this label must give the exact Aveight or 
measure is too rigorous. In the winter when the sellincf season is 



108 ADULTERATED AND MISBRANDED SEED. 

dull those ttierchaiits who sell seeds in the package form put up their 
seeds. The seeds have coiiie perhaps from a moist climate or storage 
and after three or four months in the warm store slightly shrink 
both in weight and size and consequently measure less. We believe 
the clause should end " approximately stated plainly and correctly." 

Clause 3. — The consignee of seeds may be wrongly informed where 
seeds are grown. We suggest that the clause be amended to read, 
" If the article be knowingly and willfully labeled or branded 
falsely." As a prevention of the improper use of bags and pack- 
ages by another party, we suggest the addition of this clause: 

" 4. If any branded box, bag, or other container is used for any 
other seed of the same kind which is sold in or from said container 
for the purpose of deceiving the purchaser." 

Sec. o. This provision about guaranteeing seeds does no good to 
the seedsmen. Your report suggests how unpracticable is the guar- 
ant}^ of seeds. The importer of seeds can not get a guaranty and 
it would not, under the terms of this section, be worth anything, the 
consignor not being a resident of tliis country. Unless the bill is 
amended by the elimination of vegetable, flower, and cereal seeds and 
bulbs there must come a total cessation of importation of seeds and 
bulbs, for the reason that the importer, because of the similarity of 
seeds, can not absolutely tell whether his consignment comes within 
the harsh terms of the bill or not. It will be utterly impossible to 
guarantee that a ton of grass or clover seed contains not one single 
dodder seed. Interstate traffic will also be seriously affected. The 
guaranty clause, not being compulsive, will not be used, and great 
hardship will be imposed on the seedsman who must break the 
original package. Some other relief ought to be held out to the 
seedsmen, such as escape from prosecution by supplying the name 
and address of the consignor of the seeds. This is done in the Ca- 
nadian act of 1905. 

Sec. 6. The procedure for the inspection, testing, trial, and decision 
of the Secretary of Agriculture concerning seeds is not satisfactory. 
Seeds are imported to supply a quick demand, and they must be 
supplied for sowing or planting when the season is ready for them. 
The Secretary of Agriculture is not bound by any clause in the bill 
to perform his duties expeditiously. Moreover, there should be pro- 
vided some right of appeal from the decision of the Secretary of 
AgTiculture if the seedsman feels aggrieved by a biased or otherwise 
wrongful decision. In patent law there is provided such an appeal 
from the decision of the Commissioner. In the case .of a seed bill an 
appeal could be easily provided to either the Court of Claims or to 
the court of appeals of the District of Columbia. The bond required 
is double the amount of full invoice of seeds with the duty added 
thereto. The pure-food bill does not require this double amount. 
If we must compare two totally different subjects, let us at least have 
the relief given in the pure-food act anci cross out the " double." 

We strongly object to the clause, " or is or are otherwise falsely 
labeled in any respect, or is or are of a quality forbidden to be sold 
or restricted in sale in the country from which exported." This 
clause should be entirely omitted. It is too general, too indefinite, 
and difficult to be inteltigently carried out. While a mininnun of 
good miirht be secured a maximum of injury is inflicted. 



ADULTERATED AND MISBEANDED SEED. 109 

The clause followino; above, to wit, '' or is or are intended for adul- 
teration purposes," appears fair on its face, but it is iniquitous. 

What are adulterants? AAHio is to decide this important question? 
Your report says Canada blue grass is an adulterant. When this act 
is passed the price of Kentucky blue grass will soar so high that the 
ordinary purchaser must seek for a cheaper article, which will be 
Canada blue grass. Already Canada blue grass is listed in reputable 
seedsmen's catalogues, and sold as such for seeding purposes. The 
only fault Avith Canada blue grass is that some people have fraudu- 
lently used it as an adulterant. By this clause there can be no im- 
portation of a highly necessary and entirely useful seed. We sug- 
gest that this grave mistalfe might be remedied by inserting before 
" intended " the word " solely." 

Sec. 7. The principal is held for the act. omission, or failure of his 
agent ; this is not equitable. It gives no chance to the honest seeds- 
man to prove what efforts he has taken to guard against mistakes, 
intentional or otherwise, of his agents or employees. The Canada 
act more justly makes the principal prima facie liable. This pro- 
vision gives the defendant a da}^ in court, and if he has any legal 
defense such can be duly presented to court and jury. 

The so-called " pure-seed bill " in its wording and effect is evi- 
dently a shadow of the pure-food bill of 1906 of Congress. Are the 
same facts involved in the sale of seeds as in the sale of foods or 
drugs? We say no. A druggist deals in small quantities. He han- 
dles life and death in the shape of a milligram of poison. On him 
rests a stern duty. His employees must be men well educated and 
highly trained in their profession. They must pass examinations 
required by the State before they can handle a prescription. For 
this high class of service, these strict requirements, the drug mei'- 
chant receives his higher pay. And the food manufacturer must 
avoid noxious preservatives, for the sake of life and death. If 
noxious preservatives are used, such action is, and there can be no 
doubt of it, deliberate, willful, and intentional. Before such a pre- 
servative comes into the warehouse or sho|) there must be an order 
for it. It is paid for, and the manufacturer from top to bottom 
knows why it is ordered, paid for, and used. But with the seed 
merchant almost everything is entirely different. He deals with the 
n\ysteries of nature's laAvs. He knows not surely from the appear- 
ance of the seed follicle whether it will reproduce its kind or not. 

Nature, in its infinitely numerous methods of disseminations, scat- 
ters seed of all kinds over the face of the earth. The merchant, 
against Mhom this bill is aimed, buys these seeds, tries, so far as his 
skill and ingenuity will permit, to sort and grade them. He is 
handicapped in the performance of this duty by the seeds themselves, 
for many of them are very similar — in fact, entirely alike in numy in- 
stances. The merchant has his many expenses. Because of the '-^mall 
jtrofits gained from his business he must employ all grades of help, 
from the highest to the lowest. And aboA'^e all he must sell his prod- 
uct at reasonable prices to a market that is very extensive. This 
market is made up of all classes and conditions, from the expert agri- 
culturist to the most ignorant of peoples. His seeds are praised or 
condenmed justly and unjustly. The relation betAveen the seed mer- 
chant and his patrons is confidential. Their interests are similar. 
AATiat hurts one hurts the other. An impossible laAv hurts the pur- 



110 ADULTERATED AND MISBEANDED SEED. 

chaser of seeds as directly as it does the merchant. There is no trade 
or profession where the princij)le of caveat emptor is k^ss evident 
than in the business of the honest seed merchant. If we must have a 
Federal seed act let it be in accord with nature's laws; let the willful, 
intentional, and fraudulent adulteration and misbranding be pun- 
ished; let that and that only be tlie gravamen of the offense. 
Respectfully submitted. 

John K. M. L. Farquhar. 

James F. M. Farquhar. 

SCHEEGEL & FoTTLER Co., 

Jos. M. Gleason, Treasurer. 
H. E. FiSKE Seed Company, 
H. E. FiSKE, President. 
Joseph Breck & Sons (Corporation), 
Per Chas. H. Breck, President. 
W. H. Eamson & Co. 
Thos. J. Grey Company. 
Haskell Implement & Seed Co., 
By A. P. Webster, Treasurer. 

Thomas AV. Emerson Co:mpany, 
C. Lesew, Treasurer. 



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